Godson Francis vs Megha
2023 Latest Caselaw 941 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                     TR.P(CRL.) NO. 88 OF 2022
          AGAINST THE ORDER/JUDGMENT IN MC 140/2022 OF
           JUDICIAL MAGISTRATE OF FIRST CLASS , HARIPAD


PETITIONERS/ RESPONDENTS:

    1     GODSON FRANCIS
          AGED 26 YEARS, S/O FRANCIS ALOTIOUS,
          KURISINGAL HOUSE, HOUSE NO. 121, KOCHAL,
          NEAR MALOOTH CHURCH, KOONAMAVU P.O.,
          VARAPPUZHA, ERNAKULAM, PIN - 683518
    2     FRANCIS ALOTIOUS
          AGED 61 YEARS
          KURISINGAL HOUSE, HOUSE NO. 121,
          KOCHAL, NEAR MALOOTH CHURCH, KOONAMAVU P.O.,
          VARAPPUZHA, ERNAKULAM, PIN - 683518
    3     METTILDA FRANCIS
          AGED 53 YEARS, W/O FRANCIS ALOTIOUS,
          KURISINGAL HOUSE, HOUSE NO. 121, KOCHAL,
          NEAR MALOOTH CHURCH, KOONAMAVU P.O.,
          VARAPPUZHA, ERNAKULAM, PIN - 683518
          BY ADVS.
          C.Y.VINOD KUMAR
          M.G.DEVIPRASADAN

RESPONDENT/PETITIONER:

          MEGHA
          AGED 22 YEARS, W/O GODSON,
          PUNARTHAM, CHATHANNUR,
          KARAMKODE P.O., CHIRAKKARA,
          KOLLAM, PIN - 691579




     THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Tr.P.(Crl.) No. 88 of 2022

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                                 ORDER

Dated this the 17th day of January, 2023

This Transfer Petition has been filed to transfer

M.C.No.140/2022, pending on the files of Judicial First Class

Magistrate Court-I, Harippad, to Judicial First Class Magistrate

Court-I, North Paravur, Ernakulam.

2. The petitioners are the respondents in

M.C.No.140/2022. The respondent is the complainant. The 1 st

petitioner is the husband of the respondent. The petitioners 2

and 3 are the parents of the 1st petitioner. The petitioners are

residing at Ernakulam. The transfer has been sought on the

ground that the petitioners 2 and 3 are aged and are suffering

from various diseases; hence, they are unable to travel to

Alappuzha.

3. I have heard Sri. C.Y. Vinod Kumar, the learned

counsel for the petitioners.

4. Admittedly, the respondent is now residing at

Alappuzha in connection with her studies. The petitioners are

the natives of Ernakulam. In matrimonial cases, the convenience Tr.P.(Crl.) No. 88 of 2022

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of the wife has to be given preference. The transfer cannot be

granted for the convenience of the parents of the 1 st petitioner.

Hence, I see no reason to allow the prayer for transfer.

The learned counsel for the petitioners submitted that

since the petitioners 2 and 3 are aged persons and are suffering

from various ailments, their personal appearance at the court

below may be dispensed with. Considering the age of the

petitioners 2 and 3 and also their ailments, their personal

appearance at the court below is dispensed with. However, they

shall appear at the court below, as and when directed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

APA Tr.P.(Crl.) No. 88 of 2022

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APPENDIX OF TR.P(CRL.) 88/2022

PETITIONER'S ANNEXURES Annexure I COPY OF THE MC NO. 140/2022 FILED BY THE RESPONDENT ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRSTCLASS - I, HARIPPAD, ALAPPUZHA Annexure II COPY OF THE OP NO. 3487/22 ON THE FILES OF HON'BLE FAMILY COURT, ERNAKULAM Annexure III COPY OF THE WHOLE ABDOMEN SCAN REPORT DATED 05/03/2022 ISSUED FROM HI TECH DIAGNOSTIC CENTRE, PALARIVATTOM, ERNAKULAM