Amjitha v. Sameer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 Tr.P(Crl.).No. 28 of 2015 () ----------------------------- PETITIONER/PETITIONER:

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1. AMJITHA AGED 24 YEARS D/O. MAJITHA AL-BARKKATH HOUSE, ARKANNOOR PO AYOOR KOLLAM

2. FARHANA .D/O. MAJITHA AGED 2 YEARS AL-BARKKATH HOUSE, ARKANNOOR PO, AYOOR KOLLAM REP. BY MOTHER AMJITHA BY ADV. SMT. K.K. RAZIYA RESPONDENT(S)/RESPONDENT:

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SAMEER, AGED 26 YEARS S/O. SUBAIR, SAMEERM MANZIL, CHOOTTAYIL KILIMANOOR PO AYOOR, KOLLAM-691507 2.

STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

R1 BY ADV. SRI.M.R.SARIN R2 BY PUBLIC PROSECUTOR S.HYMA THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(Crl.).No. 28 of 2015 APPENDIX PETITIONER'S EXHIBITS:

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TRUE COPY OF THE MC. NO.281/2014 BEFORE THE FAMILY COURT, ATTINGAL.

RESPONDENTS EXHIBITS ---------------------------- /TRUE COPY/ P.S TO JUDGE

P.UBAID, J.

~~~~~~~~~~ Tr.P (Crl) No.28 of 2015 ~~~~~~~~~~~ Dated this the 30th March, 2015

O R D E R

The petitioners herein are the claimants under Section 125 Cr.P.C in a proceeding before the Family Court, Attingal brought as M.C No.281 of 2014. The 1st respondent herein is the respondent in the said maintenance proceeding. The petitioners seek transfer of the case to the Family Court, Kottarakara. The petitioners are residents of Arkannoor in Kollam District. The 1st respondent did not oppose this petition. Another petition brought by the 1st petitioner before the Family Court, Attingal for recovery of ornaments is pending there as O.P No.1191 of 2014. She wants to have both the cases decided by the same court. I find that transfer of the case as requested by the petitioners will not cause any prejudice to the 1st respondent. Even otherwise he will have to appear before the Family Court, Kottarakara in O.P. 1191 of 2014. I find that it would be convenient to both the parties if the two cases are decided by the same court.

Crl.M.C No.28 of 2015 In the result, this petition is allowed. M.C No.281 of 2014 before the Family Court, Attingal will stand transferred to the Family Court, Kottarakara. The learned Judge of the Family Court, Attingal will transmit the records of the case, without delay, to the other court.

Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge