IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST NOVEMBER 2007 / 10TH KARTHIKA 1929 Tr.P(Crl.).No. 83 of 2007() --------------------------- MC.101/2007 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: ------------ K.S.SURENDRANATH, S/O SUKUMARAN, AGED 46 YEARS, RESIDING AT NARAKATHUMVILA HOUSE, PERUMALA, NEDUMANGAD, TRIVANDRUM, EMPLOYED AS PEON, PRIMARY HEALTH CENTRE, MUKKOLAM, CHETTIVILAKAM, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON RESPONDENTS: ------------- 1. K.G.SUMATHI, D/O RAJAMMA, RESIDING AT SASIBHAVAN, CHARUPPARA, CHETTIVEETTUMURI, 2. TINU.S.S.NATH, D/O RAJAMMA, RESIDING AT SASIBHAVAN, CHARUPPARA, CHETTIVEETTUMURI, THOLIKKODE VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI.M.S. BREEZ. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P.(Cri) No. 83 OF 2007 ------------------------------------------------- Dated this the 1st day of November, 2007 ORDER The petitioner is the respondent in a proceeding under Sec.127 of the Cr.P.C. His divorced wife and child, who had obtained an order of maintenance in their favour earlier under Sec.125 of the Cr.P.C., have gone to the Family Court claiming enhancement of the maintenance under Sec.127 of the Cr.P.C. The proceedings have been initiated before the court which passed the earlier order under Sec.125 of the Cr.P.C. Going by the address of the claimant, the court before which the claim is now pending i.e., Family Court, Trivandrum, has jurisdiction also. The petitioner wants the case to be transferred to the Family Court at Nedumangad where he resides. He has a further contention that the petitioner has not shown her address correctly in the petition Tr.P.(Cri) No. 83 OF 2007 -: 2 :- under Sec.127 of the Cr.P.C. 2. I am not at all satisfied that there is any reason to direct transfer of the case now. The matter is pending before the court which passed the earlier order. The personal appearance of the petitioner is not necessary except for the purpose of examining himself. In any view of the matter, I am satisfied that an order for transfer which would only further protract the proceedings need not be issued. The learned Judge of the Family Court shall ensure that the matter is disposed of as expeditiously as possible and unnecessary insistence is not made on the personal appearance of the petitioner before the learned Judge of the Family Court. 3. With the above observations, this petition is dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Tr.P.(Cri) No. 83 OF 2007 -: 3 :-