IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Tr.P(Crl.).No. 121 of 2009() ---------------------------- MC.25/2008 of J.M.F.C.,KUNNAMKULAM .................... PETITIONER(S): PETITIONER IN M.C. & O.P. ----------------------------------------------------------------- LEENA, W/O.LATE K.C.JOLLY, AGED 41 YEARS, NO.1 DALE STREET, MYLAPORE, CHENNAI-600 004. BY ADVS. MR.M.UNNIKRISHNA MENON, MR.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENT(S): RESPONDENTS IN M.C. & O.P. ------------------------------------------------------------------------- 1. K.K.CHINNAN, AGED ABOUT 75 YEARS, KANAKKAL HOUSE, CHOWANNUR, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. RUBY CHINNAN, W/O.K.K.CHINNAN, AGED ABOUT 66 YEARS, KANAKKAL HOUSE, CHOWANNUR, THALAPPILLY TALUK, THRISSUR DISTRICT. 3. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY ADVS.MR.SANTHEEP ANKARATH, SMT.P.JAYALAKSHMI. R3 BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Tr.P.(Crl.) NO.121 OF 2009 ------------------------------------------ Dated 11th January 2010 O R D E R Petitioner filed an application under Section 12 of Protection of Women from Domestic Violence Act (hereinafter referred to as the Act), which is pending before Judicial First Class Magistrate, Kunnamkulam, as M.C.25/2008. She has also filed O.P.(G) No.120/2009 before Family court, Thrissur for getting custody of the child under the Guardian and Wards Act. This petition is filed under Section 407 read with Section 482 of Code of Criminal Procedure to transfer M.C.25/2008 to Family court, Thrissur. 2. Learned counsel appearing for the petitioner and learned counsel Tr.P.(crl) 121/09 2 appearing for respondents 1 and 2 were heard. 3. Though by operation of Sub Section 1 of Section 26 of the Act, any relief available under Sections 18, 19, 20, 21 and 22 may also be sought in any legal proceedings pending before a civil court, Family court or a criminal court, affecting aggrieved person and the respondent, irrespective of the case whether such proceedings were initiated before or after commencement of the Act, an application under Section 12 can only be tried by the Magistrate as provided under the Act. Therefore, M.C.25/2008 cannot be transferred to Family court, Thrissur as sought for. If Tr.P.(crl) 121/09 3 the petitioner finds that it is difficult for her to prosecute the case before two courts, she is at liberty to seek all the reliefs from Family court, as provided under Section 26(1) of the Act. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.