IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 46 of 2008()
1. JINCY JACOB VALAPPIL,
... Petitioner
Vs
1. JACOB THOMAS @ AEBY,
... Respondent
2. S.I OF POLICE, VANDANMEDU POLICE
For Petitioner :SRI.P.K.BEHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/07/2008
O R D E R
R. BASANT, J.
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T.P.(Crl).No. 46 of 2008
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Dated this the 11th day of July, 2008
O R D E R
The petitioner is the wife of the first respondent. There is
acrimony in the matrimony and there are various proceedings
between the parties pending before various courts. A divorce
O.P. and a Guardian O.P. are pending before the Family Court at
Ernakulam. A prosecution under Section 498A I.P.C. is pending
before the ACJM, Ernakulam as C.C.2266 of 2005. That relates
to the matrimonial cruelty allegedly inflicted on the petitioner at
her parental home at Tripunithura. While that prosecution was
pending, it is submitted that there was an agreement between the
parties to reside together and the wife had proceeded to her
matrimonial home within the jurisdiction of the JFCM,
Nedumkandam. There, the husband allegedly continued the
cruelty against her and in that subsequent incident of cruelty
another prosecution, inter alia, under Section 498A I.P.C. is
pending before the JFCM Court, Nedumkandam as C.C.234 of
T.P.(Crl).No. 46 of 2008
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2007. That prosecution is listed for trial to 16.7.2008. At this stage the
petitioner has come to this Court with a prayer that the case may be
transferred to any court at Ernakulam as such a course, according to the
petitioner, would advance the interests of justice. Three proceedings
are already pending at Ernakulam. The 4th one relates to a later
incident. The petitioner as well as her aged parents and sister are to
appear before the JFMC, Nedumkandam as witnesses. They find it
very difficult to travel upto Nedumkandam. Threats are also emanating
from the husband against the petitioner and the witnesses that they will
be done away with if they were to step into his local area. It is in these
circumstances that the prayer for transfer is made.
2. I have considered all the relevant circumstances. I am not
persuaded to agree that there is any justice in the prayer for transfer. I
take note of the relevant circumstances, including the conduct of the
husband, who was willing to resume cohabitation even during the
pendency of an earlier prosecution under Section 498A I.P.C. I take
note of the fact that the matter stands listed for trial. Admittedly the
crime was registered on the basis of the complaint made before the
T.P.(Crl).No. 46 of 2008
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police at Nedumkandam. I am not persuaded to agree that any
compelling reasons exist to justify the prayer for transfer. I am
satisfied that the trial, which is listed to commence on 16.7.2008, need
not be interrupted. If the petitioner or the witnesses apprehend any
danger when they proceed to tender evidence before the Court, they
can make appropriate application before the police seeking protection.
If such application is received, the needful shall be done by the police
to ensure that the petitioner and her witnesses are permitted to tender
evidence in support of their case without any threat or hindrance.
3. This petition is accordingly dismissed.
Hand over copy
(R. BASANT)
Judge
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