IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Tr.P(Crl.).No. 46 of 2008() --------------------------- CC.234/2007 of J.M.F.C.,NEDUMKANDOM .................... PETITIONER: DEFACTO COMPLAIANANT -------------------------------- JINCY JACOB VALAPPIL, D/O.K.U. JACOB, KANJIRATHINGAL (H), CHATHARI, THRIPUNITHURA, PIN-682301. BY ADV. SRI.P.K.BEHANAN RESPONDENTS: ACCUSED -------------------- 1. JACOB THOMAS @ AEBY, KADALIKKATTIL HOUSE, THEKKUMBHAGOM.P.O, THODUPUZHA, IDUKKI. 2. S.I OF POLICE, VANDANMEDU POLICE STATION, IDUKKI. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - T.P.(Crl).No. 46 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2008 O R D E R The petitioner is the wife of the first respondent. There is acrimony in the matrimony and there are various proceedings between the parties pending before various courts. A divorce O.P. and a Guardian O.P. are pending before the Family Court at Ernakulam. A prosecution under Section 498A I.P.C. is pending before the ACJM, Ernakulam as C.C.2266 of 2005. That relates to the matrimonial cruelty allegedly inflicted on the petitioner at her parental home at Tripunithura. While that prosecution was pending, it is submitted that there was an agreement between the parties to reside together and the wife had proceeded to her matrimonial home within the jurisdiction of the JFCM, Nedumkandam. There, the husband allegedly continued the cruelty against her and in that subsequent incident of cruelty another prosecution, inter alia, under Section 498A I.P.C. is pending before the JFCM Court, Nedumkandam as C.C.234 of T.P.(Crl).No. 46 of 2008 2 2007. That prosecution is listed for trial to 16.7.2008. At this stage the petitioner has come to this Court with a prayer that the case may be transferred to any court at Ernakulam as such a course, according to the petitioner, would advance the interests of justice. Three proceedings are already pending at Ernakulam. The 4th one relates to a later incident. The petitioner as well as her aged parents and sister are to appear before the JFMC, Nedumkandam as witnesses. They find it very difficult to travel upto Nedumkandam. Threats are also emanating from the husband against the petitioner and the witnesses that they will be done away with if they were to step into his local area. It is in these circumstances that the prayer for transfer is made. 2. I have considered all the relevant circumstances. I am not persuaded to agree that there is any justice in the prayer for transfer. I take note of the relevant circumstances, including the conduct of the husband, who was willing to resume cohabitation even during the pendency of an earlier prosecution under Section 498A I.P.C. I take note of the fact that the matter stands listed for trial. Admittedly the crime was registered on the basis of the complaint made before the T.P.(Crl).No. 46 of 2008 3 police at Nedumkandam. I am not persuaded to agree that any compelling reasons exist to justify the prayer for transfer. I am satisfied that the trial, which is listed to commence on 16.7.2008, need not be interrupted. If the petitioner or the witnesses apprehend any danger when they proceed to tender evidence before the Court, they can make appropriate application before the police seeking protection. If such application is received, the needful shall be done by the police to ensure that the petitioner and her witnesses are permitted to tender evidence in support of their case without any threat or hindrance. 3. This petition is accordingly dismissed. Hand over copy (R. BASANT) Judge tm