CRMC No. 485 of 2012 · Kerala High Court

O R D E R ~~~~~~~In this petition under Section 482 of the Code of CriminalProcedure, the petitioners, who are the respondents in M.C.No.114of 2010 on the file of the Judicial Magistrate of the First Class, Pattambi, assails Annexure-C order in Criminal M.P.No.3199 of2011, a petition before the Sessions Judge, Palakkad, under Section408 of the Code of Criminal Procedure. By the impugned order, their request for transfer of the case from the Court of the JudicialMagistrate of the First Class, Pattambi to any of the Courts at Palakkad was declined. 2. M.C.No.114 of 2010 is a petition filed by the 1st respondent against the petitioners under Section 12 of the Protection of Womenfrom Domestic Violence Act, 2005. The cause of action for the above petition occurred within the territorial limits of the JudicialMagistrate of the First Class, Pattambi. Crl.M.C.No.485 OF 2012 23. The prayer of the petitioners for transfer is on ground that the petitioners 2 and 3 are now residing at Palakkad and that they, who are the parents- in- law of the 1st respondent are in their 70sand 60s and are badly ailing and they are unable to travel from Palakkad to Pattambi.4. The learned Session Judge considered the claim of the petitioners and concluded that in the event, petitioners 2 and 3could not appear before the court on the posting date, they can apply for exemption. The learned Sessions Judge had also noticed that the first respondent is employed and working at Thrithalawhich is further away from Pattambi. In the event the case is transferred to Palakkad, the first respondent had to travel more, and she would be put to irreparable difficulties. It is also pertinent to note that she has a kid aged 1½ years. Taking into account of that circumstance also, I find that the Sessions Judge is right in dismissing the petition for transfer. Ailment of the respondents in aproceedings or their difficulty to come to the court cannot be a Crl.M.C.No.485 OF 2012 3ground for transfer, that too ignoring the inconvenience of the petitioner. Therefore this petition is devoid of merits. In the result, this petition is dismissed.P.S.GOPINATHAN,JUDGE.cms