FIROS Vs. JISHA

JUDGEMENT

(1.) THIS transfer petition is filed by the petitioner, who is the counter petitioner in M.C.No.193/2013 pending before the Judicial First Class Magistrate Court -II, Kollam to transfer the case to Ernakulam under Section 407 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner and the respondent were husband and wife and their marriage was solemnized on 18.12.2011 as per the custom and it was dissolved on 3.9.2013 by pronouncing talaq. After dissolution of the marriage, the respondent filed MC.No.193/2013 before the Judicial First Class Magistrate Court -II, Kollam claiming relief under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act and that is pending before the Judicial First Class Magistrate Court -II, Kollam. The petitioner is employed as Computer Engineer in M/s. Citrus Informatics, Ernakulam. The respondent is also working as System Engineer in Tata Consultancy Services Info Park, Kakkanad. The petitioner is not likely to get leave for attending the proceedings in family court and also proceedings before the Judicial First Class Magistrate Court, Kollam. If the case is transferred to Judicial First Class Magistrate Court, Ernakulam it will be convenient to both the parties. So, the petitioner has no other remedy except to approach this Court seeking the following relief: "For these and other grounds to be urged at the time of hearing, it is humbly prayed that this Hon'ble Court may be pleased to pass an order withdrawing M.C.No.193/2013 from the files of the Judicial First Class Magistrate Court -II, Kollam and transferring the same to the Chief Judicial Magistrate Court, Ernakulam or any court of competent jurisdiction in Ernakulam, for trial and disposal, in the interest of justice".

(3.) HEARD the counsel for the petitioner and the respondent.