TR.P(C) No. 142 of 2008 · Kerala High Court
Case at a glance
- Decided
- 25 Jul 2008
- Bench
- R BASANT
Provisions considered
Judgment
R.BASANT, J.----------------------Tr.P.C.No.142 of 2008----------------------------------------Dated this the 25th day of July 2008
O R D E RThe 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 But when the petition came up for hearing the same was dismissed as withdrawn.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 petitionCivil. 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.
The petitioner seeks transfer of an application under Section 12 of the Protection of Women from Domestic ViolenceAct 2005 from the court of the Additional Chief JudicialMagistrate, Ernakulam to the court of the Chief JudicialMagistrate, Palakkad.
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.142/20082transfer. 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 proceeding spending before the Family Court at Palakkad. All the other case spending 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.
Having considered all the relevant circumstances I amnot 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 bedirected in this matter.
This petition is accordingly dismissed. (R.BASANT, JUDGE)jsr T.P.C.No.142/20083 T.P.C.No.142/20084R.BASANT, J.CRL.M.C.No. of 2008 T.P.C.No.142/20085ORDER 09/07/2008
Questions this judgment answers
Which statutory provisions did this judgment involve?
Protection of Women fromDomestic Violence Act, 2005 — s. 12.
Which court decided this case, and when?
Kerala High Court, on 25 Jul 2008. The bench was R BASANT.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.