IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Tr.P(Crl.).No. 81 of 2008(F) --------------------------------------- (M.C.NO.94/08 OF FAMILY COURT, THIRUVANANTHAPURAM) PETITIONER(S): ------------------------- NAVEEN BOSE, S/O. PROF.H.ESHA BOSE, THANAL,NEYYARDAM, NEYYARDAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): ---------------------------- SALINI, D/O. LURDAMMAL, KATTODU KIZHAKKUMKARA VEEDU, CHEMBOOR, OTTASEKHARAMANGALAM, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR MR. C.M.NAZAR THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Tr.P.(Cri) No. 81 of 2008 ------------------------------------------------- Dated this the 5th day of February, 2009 ORDER Against the petitioner, a claim for maintenance under Sec.125 Cr.P.C. is pending before the Family Court, Trivandrum, as M.C.No.94/08. The petitioner has filed a petition for declaration of nullity of marriage under the Indian Divorce Act and the same is pending as O.P.(IDA) No.723/08 before the Family Court, Nedumangad. The petitioner has now come to this Court with a prayer that M.C.No.94/08 pending before the Family Court, Trivandrum, may be transferred to the Family Court, Nedumangad. The petitioner is said to be a blind person. He is finding it very difficult to commute to Trivandrum to take part of the proceedings. Actually the jurisdiction for matrimonial dispute vests with the Family Court, Nedumangad. In any view of the matter, Tr.P.(Cri) No. 81 of 2008 -: 2 :- considering the disability of the petitioner and the fact that the respondent herein is, at any rate, appearing before the Family Court, Nedumangad, in O.P.(IDA) No.723/08, transfer may be directed as prayed for, it is submitted. Trial has not started in the M.C. 2. Notice was served on the respondent. There is no representation for the respondent. I must assume that the respondent has no objection against the proposed transfer. The prayer for transfer does appear to me to be reasonable and just. 3. In the result: (a) This petition is allowed. (b) M.C.No.94/08 pending before the Family Court, Trivandrum, is transferred to the Family Court, Nedumangad, where O.P.(IDA) No.723/08 between the same parties is pending. (c) The learned Judge of the Family Court, Trivandrum, shall direct the parties to appear before the Family Court, Nedumangad, on 2/3/09. (d) The parties shall appear before that court on that date without waiting for any further notice from the court. Records of the case shall also be made available to the Family Court, Nedumangad, before that date. 4. Communicate the order forthwith to both sides. Sd/- Nan/ (R. BASANT, JUDGE) Tr.P.(Cri) No. 81 of 2008 -: 3 :-