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Judgment
6 paragraphs · 214 wordsDr. Kauser Edappagath, J
This transfer petition has been filed to transfer M.C.No.25/2021 on the file of the Judicial First Class Magistrate Court-I, Haripad (for short the JFCM-I, Haripad) to the Judicial First Class Magistrate Court-II, Attingal.
The 1st respondent in the MC is the petitioner herein. The 1st respondent herein is the petitioner in the MC. The 1st respondent herein is residing within the jurisdiction of the JFCM-I, Haripad. As per Section 27 of the Protection of Women from the Domestic Violence Act, 2005, (for short the DV Act) JFCM-I, Haripad has jurisdiction to entertain and try the complaint. The petitioner herein is residing at Parippally in Thiruvananthapuram District. The transfer has been sought for citing inconvenience of the petitioner.
I have heard the counsel on both sides.
The learned counsel for the 1st respondent/wife submitted that she is residing alone at Haripad and she cannot travel to Attingal. In a petition filed under Section 12 of the DV Act, the convenience of the aggrieved person has to be given weightage. Hence, the transfer sought for is disallowed. However, if the petitioner herein files an application seeking personal exemption before the learned Magistrate, the learned Magistrate shall allow the same on conditions, if any.
This transfer petition is dismissed.