IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr P(Crl) No. 80 of 2007()
1. SUDHANYA K.N., AGED 31 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. UMASANKAR VALSAN, 36 YEARS,
3. M.D.VALSAN, 63 YEARS,
4. VANAJA VALSAN, 58 YEARS,
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :25/10/2007
O R D E R
R.BASANT, J.
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T.P.(Crl.).No.80 of 2007
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Dated this the 25th day of October 2007
O R D E R
This petition is for transfer of a petition under the
‘Protection of Women from Domestic Violence Act 2005’,
hereinafter called ‘DVA’ pending before the learned Chief
Judicial Magistrate, Thalassery to Family Court, Kannur or any
other court. After discussions at the Bar, the learned counsel for
the petitioner fairly submits that in the light of the decision in
Mony v. Leelamma [2007(2)KLT 432], the prayer to transfer the
case from the criminal court to the Family Court may not be
maintainable. No sufficient reason has been shown to transfer
the case from the court before which it is pending to any other
criminal court also. Except that there has been no expeditious
disposal, no grievance is raised which can justify the prayer for
transfer.
2. The learned counsel for the petitioner finally submits
that as some proceedings are pending before the Family Court
and the Family Court has the requisite legal competence under
Section 26 of the DVA to grant reliefs which are grantable under
Tr.P.Crl.No.80/07 2
the Act, the petitioner proposes not to press the application
before the learned Chief Judicial Magistrate and in turn seek
such relief from the Family Court under Section 26 of the DVA.
The petitioner, needless to say, shall be at liberty to pursue such
course, if he is advised to do the same.
3. I am satisfied that the prayer for transfer made in this
petition cannot be considered favourably in the light of the
decision in Mony v. Leelamma [2007(2)KLT 432].
4. This transfer petition is accordingly dismissed.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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Tr.P.Crl.No.80/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007