Shyju Kuriya v. M.M.Smitha

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 Tr.P(Crl.).No. 113 of 2014 () ------------------------------ AGAINST MC 105/2013 of FAMILY COURT, THALASSERY PETITIONER(S)/PETITIONER:

-------------------------------- SHYJU KURIYA S/O. GOPALAN POTHEN, KURIYA HOUSE, PERAVOOR AMSOM DESOM, KANNUR DISTRICT.

BY ADV. SRI.V.BINOY RAM RESPONDENT(S)/RESPONDENTS:

--------------------------------------

1. M.M.SMITHA D/O. MADHAVAN, MALLAPPILLIL HOUSE, KUZHINILAM MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670645.

2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031.

R2 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(Crl.).No. 113 of 2014 APPENDIX PETITIONER'S EXHIBITS:

--------------------------- ANNEXURE-I:

TRUE COPY OF THE PETITIN IN O.P.455/2013 BEFORE THE FAMILY COURT, THALASSERY ANNEXURE 2:

TRUE COPY OF THE PETITION IN M.C. 105/2013 BEFORE THE FAMILY COURT, KALPETTA ANNEXURE-3:

TRUE COPY OF THE NOTICE DATED 21-08-2014 FROM KERALA STATE CO-OPERATIVE HOSPITAL COMPLEX AND CENTRE FOR ADVANCED MEDICAL SERVICE LIMITED, PARIYARAM.

RESPONDENTS EXHIBITS:

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

P.UBAID, J.

~~~~~~~~~~ Tr.P.(Crl) No.113 of 2014 ~~~~~~~~~~~ Dated this the 10th March 2015

O R D E R

The petitioner herein is the respondent in M.C No.105 of 2013 of the Family Court, Kalpetta. The 1st respondent herein is his wife. An application filed by the petitioner for divorce is pending as O.P No.455 of 2013 before the Family Court, Thalassery. Now the petitioner seeks transfer of the Maintenance Claim from Kalpetta to Thalassery. The 1st respondent is absent in spite of notice.

2.

On a perusal of the Transfer Application, I find no reason or ground to transfer the proceeding from Kalpetta to Thalassery. The petitioner's wife is a resident of Mananthavady, and it would be unjust and inappropriate to transfer the Maintenance Claim from Kalpetta to Thalassery for the convenience of the husband. He can very well attend the court at Mananthavady and defend M.C No.105 of 2013 there. The transfer as requested by the husband cannot be granted to the prejudice of the wife. It does not matter that she is ex parte here. For transferring a case

Tr.P.(Crl) No.113 of 2014 from one court to another, there must be proper reasons and grounds. Here, I find no reason or ground for transfer. Hence, this Transfer Petition is dismissed.

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