Allowed

Thankamma v. Madhu

Kerala HC22 May 2019Tr.P(Crl.)/21/2019

Case brief

AI extract

What is this about?

The Court transferred a Domestic Violence case pending before JFCM Chengannur to JFCM Mavelikkara for joint trial with a related case. The transfer was ordered based on the ground that the petitioners are senior citizens while respondents are younger, justifying priority in convenience. The Court dismissed the opposing transfer petition.

What did the court decide?

M.C. No. 83/2017 transferred from JFCM Chengannur to JFCM Mavelikkara for joint trial; opposing transfer petition rejected.

Thankamma Vs Madhu — Domestic Violence | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941

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Tr.P(Crl.).No. 21 of 2019

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TO TRANSFER M.C NO.83/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, CHENGANNUR TO JFCM COURT, MAVELIKKARA AND TRIED ALONG WITH M.C.NO.114/2017

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PETITIONERS:

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1 THANKAMMA W/O ACHUTAN, GOURI SANKARAM, PUTHIYAAV P.O., MAVELIKKARA-690 101.

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2 A. ACHUTHAN GOURI SANKARAM, PUTHIYAAV P.O.,MAVELIKKARA-690 101.

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3 AJESHKUMAR S/O. ACHUTAN, SUMA MANDIRAM, KOTTATHALA P.O., MOOZHIKODE, KOTTRAKKARA.

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4 SUMESH

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S/O. ACHUTAN, GOURI SANKARAM, PUTHIYAAV P.O., MAVELIKKARA-690 101.

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5 SHEEJAKUMARY W/O SUMESH, GOURI SANKARAM, PUTHIYAAV P.O., MAVELIKKARA-690 101.

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BY ADV. SRI.MANU ROY

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RESPONDENTS:

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1 MADHU S/O. AZHAKAPPAN, PALANILKUNNATHIL HOUSE, WEST OTHARA, OTHARA P.O., PATHANAMTHITTA-689 674.

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2 SHEEJA W/O. MADHU, PALANILKUNNATHIL HOUSE, WEST OTHARA, OTHARA P.O., PATHANAMTHITTA-689 674.

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THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22.05.2019, ALONG WITH Tr.P(Crl.).148/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P.(Crl.)No.21 of 2019 & Tr.P.(Crl.)No.148 of 2018

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941

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Tr.P(Crl.).No. 148 of 2018

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SEEKING TRANSFER OF M.C.NO.83/2017 ON THE FILE OF JFCM, CHENGANNUR TO THE JFCM COURT, MAVELIKKARA

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PETITIONER:

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SHEEJAKUMARY

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D/O.ACHUTHAN.A., SREEVILASAM, PANDANAD WEST P.O.,

CHENGANNUR.

BY ADVS.

SRI.T.P.PRADEEP

SRI.S.SREEDEV

RESPONDENTS:

1 AJESHKUMAR

S/O.ACHUTHAN, SUMA MANDIRAM, KOTTATHALA P.O., MOOZHIKKODE, KOTTARAKKARA - 691 518.

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2 ACHUTHAN.A. SREEVILASAM, PANDANAD WEST P.O., CHENGANNUR - 689 506.

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3 THANKAMMA

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W/O.ACHUTHAN, SREEVILASAM HOUSE,

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PANDANAD WEST P.O., CHENGANNUR RESIDING AT GOURI SANKARAM, PUTHIYAAVU P.O., MAVELIKKARA - 690 101.

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4 SREEJAKUMARY

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W/O.SUMESH, GOUREE SANKARAM, KALLUMALA, PUTHIYAKAVU P.O., MAVELIKKARA - 690 101.

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Tr.P.(Crl.)No.21 of 2019 & Tr.P.(Crl.)No.148 of 2018

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5 SUMESH @ SUMA GOUREE SANKARAM, KALLUMALA, PUTHIYAKAVU P.O., MAVELIKKARA - 690 101.

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BY ADV. SRI.MANU ROY

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THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22.05.2019, ALONG WITH Tr.P(Crl.).21/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P.(Crl.)No.21 of 2019 & Tr.P.(Crl.)No.148 of 2018

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ALEXANDER THOMAS, J.

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=========================== Tr.P.(Crl.)No.21 of 2019 &

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Tr.P.(Crl.)No.148 of 2018 =========================== Dated this the 22^nd day of May, 2019

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ORDER

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The case projected in this Tr.P.(Crl.)No.21/2019 filed under Sec.407 of the Cr.P.C, 1973 are as follows:

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That the 1^st petitioner herein is the petitioner in Annexure.A1 case in M.C.No.114/2017 before the Judicial First Class Magistrates Court, Mavelikkara, which has been filed seeking residence and protection orders under Sec.12 of Protection of Women from Domestic Violence Act (DV Act for short). The respondents herein are the daughter and son-in-law of the 1^st petitioner herein. That as a counter blast to Annexure-A1 case, the 2^nd respondent has filed Annexure.A2 petition as M.C.No.83/2017 before the Judicial First Class Magistrate Court, Chengannur seeking similar relief as in Annexure.A-1. That all the petitioners herein are the respondents in Annexure.A-2 and the parties are parents, siblings and relatives. The 2^nd respondent herein has filed a transfer petition before this Court as Tr.P(Crl.)No.148/2018 with the prayer to transfer Annexure.A-1 case to

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Tr.P.(Crl.)No.21 of 2019 & Tr.P.(Crl.)No.148 of 2018

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Judicial First Class Magistrate Court, Chengannur and to try the same along with Annexure.A-2 case. It is pointed that the 1^st petitioner herein is a senior citizen, aged more than 73 years and she is suffering from various ailments due her old age and it is not practically possible for her to travel all the way from Mavelikkara to Chengannur to contest the matter in Annexure.A2. That since the questions to be determined and the issues to be settled are one and the same; it is just and proper that both the cases have to be tried jointly, which would prevent multiplicity of proceedings and save the precious time of the Court. That interest of justice and balance of convenience warrants that the matter in Annexure.A2 case (M.C.No.83/2017), pending before the JFCM Court, Chengannur to be transferred to JFCM Court, Mavelikkara and to be tried along with Annexure.A1 case in M.C.No.114/2017, etc. It is in the light of these aspects that the petitioner in this case has filed the abovesaid Tr.P(Crl.)No.21/2019 with the said prayers.

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The case set up in Tr.P(Crl.)No.148/2018 are as follows:

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The petitioner is the daughter of the 2^nd and 3^rd respondents (who are

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the 2^nd and 1^st petitioners in Tr.P(Crl.)No.21/2019. As mentioned hereinabove, the essential prayer Tr.P(Crl.)No.148/2018 is that the matter in M.C.No.83/2017, now on the file of the Judicial First Class Magistrate

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Tr.P.(Crl.)No.21 of 2019 & Tr.P.(Crl.)No.148 of 2018

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Court-I, Chengannur to be transferred to Judicial First Class Magistrate Court, Mavelikkara, where M.C.No.114/2017 is pending.

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Heard Sri.Manu Roy, learned counsel appearing for the petitioners in Tr.P.(Crl.)No.21/2019, who is also appearing for the respondents in Tr.P(Crl.)No.148/2018 as well as Sri.K.Ramachandran, who is appearing for the petitioner in Tr.P(Crl.)No.148/2018 and the said party has been arrayed as R-2. The abovesaid petitioner in Tr.P(Crl.)No.148/2018 has been arrayed as respondent No.2 in Tr.P. (Crl.)No.21/2019.

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After hearing both sides and after considering the pleadings and materials on record, this Court is of the view that priority in the matter of convenience should be given more to the 1^st petitioner in Tr.P. (Crl.)No.21/2019, who is a senior citizen lady aged more than 73 years as well as to the 2^nd petitioner in Tr.P.(Crl.)No.21/2019, who is also a senior citizen. The respondents in Tr.P.(Crl.)No.21/2019 are admittedly much younger persons. It is pointed out that the distance between Mavelikkara to Chengannur is hardly of 12 to 13 kms. Therefore, the relative inconvenience that may be faced by the respondents in Tr.P. (Crl.)No.21/2019 (petitioner in Tr.P(Crl.)No.148/2018) is much less. Parties could engage Advocates of their choice.

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Tr.P.(Crl.)No.21 of 2019 & Tr.P.(Crl.)No.148 of 2018

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Taking into account various aspects of the matter, more particularly the aspect that the 1^st and 2^nd petitioners in Tr.P. (Crl.)No.21/2019 are senior citizens in their mid-70s, this Court is inclined to accede to the prayer of the petitioners Tr.P.(Crl.)No.21/2019. Consequently, this Court is constrained to reject the prayer made in Tr.P(Crl.)No.148/2018 and it is so accordingly ordered. The said petitioners in Tr.P.(Crl.)No.21/2019 are residing at Mavelikkara, whereas the petitioner in Tr.P(Crl.)No.148/2018 is residing at Chengannur.

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In that view of the matter, it is ordered that the matter in M.C.No.83/2017, which is now pending on the files of the Judicial First Class Magistrate Court-I, Chengannur will stand transferred to the Judicial First Class Magistrate Court, Mavelikkara. The petitioners in Tr.P. (Crl.)No.21/2019 will produce certified copy of this order before the Judicial First Class Magistrate Court, Chengannur, who will thereafter immediately transmit the entire case papers and case records in relation to M.C.No.83/2017 to the Judicial First Class Magistrate Court, Mavelikkara. After receipt of such case papers, the Judicial First Class Magistrate Court, Mavelikkara will issue notice to the parties. The parties concerned will be at liberty to file appropriate applications seeking joint trial of both these cases and the Judicial First Class Magistrate Court, Mavelikkara will hear

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Tr.P.(Crl.)No.21 of 2019 & Tr.P.(Crl.)No.148 of 2018

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the parties and then pass appropriate orders on the plea for joint trial of the cases.

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With these observations and directions, both the above Tr.P.(Crl.) will stand disposed of.

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Sd/-

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ALEXANDER THOMAS JUDGE

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vgd

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Tr.P.(Crl.)No.21 of 2019 & Tr.P.(Crl.)No.148 of 2018

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APPENDIX OF Tr.P(Crl.) 21/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 COPY OF THE PETITION FILED AS M.C.NO.114/17.

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ANNEXURE A2 COPY OF THE PETITION FILED AS M.C.NO.83/2017

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APPENDIX OF Tr.P(Crl.) 148/2018

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE PETITION NAMELY MC 83/2017 ON THE FILES OF JFCM COURT, CHENGANNUR.

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ANNEXURE B TRUE COPY OF THE MC NO.114/2017 ON THE FILES OF THE JFCM COURT, MAVELIKKARA.

Thankamma v. Madhu

Case brief

What is this about?

What did the court decide?

Thankamma v. Madhu

Case brief

What is this about?

What did the court decide?

What the court decided

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