IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Tr.P(C).No. 142 of 2008() ------------------------- OP.347/2007 of ADDL.C.J.M., ERNAKULAM .................... PETITIONER: ----------------- SMT.M. LAKSHMI, AGED 40, D/O. LATE BHANUNNI NAIR, LAKSHMI SREE, D.P.O ROAD, SANTHI NAGAR, PALAKKAD. BY ADV. SMT.P.K.RADHIKA RESPONDENTS: ------------- 1. DR.B. RADHAKRISHNAN NAIR, AGED 45, S/O.LATE. K. BALAKRISHNAN NAIR, RAKSHA, 28/2061 A, KALLUPALAM, KPV ROAD END, KADAVANTHRA.P.O, KOCHI-20. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR. BY ADV. SRI.S.ABHILASH FOR R1 SRI.JAMES ABRAHAM (VILAYAKATTU) FOR R1 GOVERNMENT PLEADER SRI.GIKKU JACOB THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Tr.P.C.No.142 of 2008 ---------------------------------------- Dated this the 25th day of July 2008 O R D E R The petitioner had earlier moved this court for the identical relief of transfer. But when the petition came up for hearing the same was dismissed as withdrawn. It appears that the petitioner later moved before another Bench of this court seeking the identical relief; but describing the petition as a transfer petition Civil. The learned Judge granted interim orders initially; but has later directed that the matter be placed before this court. Accordingly this matter has come before this court. 2. The petitioner seeks transfer of an application under Section 12 of the Protection of Women from Domestic Violence Act 2005 from the court of the Additional Chief Judicial Magistrate, Ernakulam to the court of the Chief Judicial Magistrate, Palakkad. 3. The application is stoutly opposed by the learned counsel for the respondent. He contends that the petitioner had advisedly and consciously chosen to file a petition before the Additional Chief Judicial Magistrate, Ernakulam and at the moment there is absolutely no justification in the prayer for T.P.C.No.142/2008 2 transfer. The learned counsel for the petitioner on the other hand contends that the petitioner is at the moment residing at Palakkad. Between the parties there are several proceedings pending before the Family Court at Palakkad. All the other cases pending before the Family Court at Ernakulam were transferred to the Family Court at Palakkad and in these circumstances the interests of justice demand and this case may also be transferred to the learned Chief Judicial Magistrate, Palakkad. 4. Having considered all the relevant circumstances I am not persuaded to agree that any transfer need be directed in the interests of justice. I take note of the crucially relevant fact pointed out by the learned counsel for the respondent that this petition under Section 12 of the Protection of Women from Domestic Violence Act 2005 was filed after the other cases were ordered to be transferred to the Family Court, Palakkad. In any view of the matter I am not satisfied that any transfer need be directed in this matter. 5. This petition is accordingly dismissed. (R.BASANT, JUDGE) jsr T.P.C.No.142/2008 3 T.P.C.No.142/2008 4 R.BASANT, J. CRL.M.C.No. of 2008 T.P.C.No.142/2008 5 ORDER 09/07/2008