IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Tr.P(Crl.).No. 76 of 2008() --------------------------- MC.174/2008 of FAMILY COURT, NEDUMANGAD .................... PETITIONER(S): PETITIONERS --------------- 1. PRETTY, AGED 24 YEARS, D/O.BRIMBEL A SIMON, GARDEN HOUSE, THAIVELIKAKAM, KALAMASSERY P.O.,ERNAKULAM. 2. NIVIN (MINOR), AGED 2 YEARS, S/O.BRIMBEL A SIMON, REPRESENTED BY MOTHER AND NATURAL GUARDIAN PRETTY, THE 1ST PETITIONER. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S): RESPONDENTS --------------- 1. BRIMBEL A SIMON, AGED 25 YEARS, S/O. M.G. SIMON, THE SALVATION ARMY QUARTERS, THUMGAPARA POST, KATTAKKADA VILLAGE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PORSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR SRI.M.R.SARIN FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/11/2008, ALONG WITH TPC NO. 269 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P.(Cri) Nos.76 & 269 of 2008 ------------------------------------------------- Dated this the 24th day of November, 2008 ORDER These petitions are filed by the wife and child in two proceedings pending before the Family Court, Nedumangad. O.P.No.406/08 is filed by the husband claiming divorce from the wife. M.C.No.174/08 is filed by the wife claiming maintenance under Sec.125 Cr.P.C. from her husband. She has staked the claim for maintenance along with her daughter. Both matters are now pending before the Family Court, Nedumangad. The petitioners have now come before this Court with a prayer that both proceedings may be transferred from the Family Court, Nedumangad, to the Family Court, Ernakulam. 2. What is the ground? The learned counsel for the petitioners submits that after strain developed between the parties, the petitioner – wife, is residing with her parents at Kalamassery. There is no dispute on this aspect at all. The Tr.P.(Cri) Nos.76 & 269 of 2008 -: 2 :- respondent/husband claims to be a business executive and he works at Trivandrum. He has a place of permanent residence at Trivandrum. 3. The learned counsel for the petitioners submits that the petitioners are a young woman aged 24 years and a minor child aged 2 years and it would cause very hardship and difficulties to them if they were to appear before the Family Court, Nedumangad. The interests of justice will be served ideally by directing a transfer of the cases to the Family Court, Ernakulam, submits the learned counsel for the petitioners. 4. The respondent/husband has entered appearance. These applications are vehemently opposed. It is submitted that the petitioners had initiated the earlier proceedings in O.P. before the Family Court, Nedumangad, and the petitioners herein also had later chosen to file M.C.No.174/08 before that court. There is no merit or grace in the prayer for transfer now made that the petitions pending before the Family Court, Nedumangad, including the one filed by the petitioners herein should be transferred to the Family Court, Ernakulam. The respondent is not keeping good health. He - a person aged 25 years, will also not be able to come to Ernakulam to conduct the cases, it is submitted. 5. Having considered all the relevant circumstances, I am Tr.P.(Cri) Nos.76 & 269 of 2008 -: 3 :- persuaded to agree that a direction can be issued as prayed for transferring both the cases to the Family Court, Ernakulam. 6. In coming to this conclusion, I take note of the relatively harsher consequences if the petitioners were to proceed to the Family Court, Nedumangad. Notwithstanding the fact that the wife also had filed M.C.No.174/08 before the Family Court, Nedumangad, I reckon the reasons stated by her to be more acceptable. I do further note that the personal presence of the parties is not essential on all dates of posting as admittedly conciliation is over and the matter stands posted for steps thereafter. 7. I am, in these circumstances, satisfied that the prayer can be allowed. 8. In the result: (a) These petitions are allowed. (b) M.C.No.174/08 and O.P.No.406/08 - both pending before the Family Court, Nedumangad, are transferred to the Family Court, Ernakulam. (c) The learned Judge of the Family Court, Nedumangad, shall forthwith transmit the records to the Family Court, Ernakulam. (d) The parties shall appear before the Family Court, Ernakulam, on 22/12/08 without waiting for any further Tr.P.(Cri) Nos.76 & 269 of 2008 -: 4 :- directions. (e) The Family Court, Nedumangad, shall ensure that the records reach the Family Court, Ernakulam, before that date. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Tr.P.(Cri) Nos.76 & 269 of 2008 -: 5 :- R. BASANT, J. ------------------------------------------------- Tr.P.(Cri) No. 76 of 2008 ------------------------------------------------- Dated this the 17th day of November, 2008 ORDER The parties to this petition are parties to two proceedings pending before the Family Court, Nedumangad – M.C.No.174/08 for maintenance under Sec.125 Cr.P.C. filed by the petitioners herein and O.P.No.406/08 filed by the 1st respondent herein for divorce. Both those proceedings were filed before and are pending before the Family Court, Nedumangad. The petitioners have now filed this application for directing transfer of M.C.No.174/08 to the Family Court, Ernakulam. The 1st petitioner has also filed Tr.P.(C) No.269/08 for transfer of the O.P. also to the Family Court, Ernakulam. 1st respondent has entered appearance. I am satisfied that in the interests of justice, there must be a direction that both transfer petitions – Tr.P(Cri) No.76/08 and Tr.P.(C) No.269/08 are heard and disposed of by the same Bench. 2. The Registry shall take orders and ensure that both the Tr.P.(Cri) Nos.76 & 269 of 2008 -: 6 :- cases are posted before the same Bench on the next date of posting. Call on 24/11/08. The interim stay shall now continue to remain in force till that date. (R. BASANT, JUDGE) Nan/