ORDER

Petitioners are the husband and parents-in-law of the first respondent. This petition has been filed under section 407 of Code of Criminal Procedure, 1973 seeking for a transfer of M.C. No.108 of 2023 pending before the Judicial First Class Magistrate's Court, Adoor to any Judicial First Class Magistrate's Court, Kollam.

2. Petitioners are residents of Thiruvananthapuram. They have been arrayed as respondents in M.C. No.108 of 2023 filed before the Judicial First Class Magistrate's Court, Adoor under section 12 of the Protection of Women from Domestic Violence Act, 2005.

3. Petitioners contend that the first respondent is a practicing lawyer at Adoor and therefore they doubt whether they will get any justice from the courts at Adoor. They are also apprehending that there might be threats against their life if they appear in court against a practicing lawyer and also that it is highly inconvenient for them. It was also contended by the learned counsel on behalf of the petitioners that they are residing at Nedumangad and will have to travel more than 80 Kms to appear before the court at Adoor while the courts at Kollam would be only 65 Kms away from their house and hence it is convenient for them to appear before the Court at Kollam.

4. On behalf of the first respondent it is stated that the first respondent enrolled only in September 2023 and is a junior Lawyer and to allege that the court will be influenced since she is a practising lawyer, is without any merit and is a blatant attack on the integrity of the court. It was also stated that as a new entry in the legal profession and the mother of a minor child aged 2 years, it will be extremely difficult for her to conduct the case before any court other than at Adoor. The first respondent further alleges that she is residing only 6.5 Kms away from the court at Adoor, which is easily accessible to her, while the courts at Kollam is about 44 Kms away from her residence and she will have to take several buses to reach the place. The first respondent also pointed out that the courts at Kollam are at a distance of 70 Kms from petitioners' house while the court at Adoor is 84 Kms and that no purpose would be achieved by transferring the case to Kollam on the basis of the alleged convenience. The learned counsel for the first respondent pointed out that Tr.P.(C) No.78/2024 was transferred from the Family Court, Adoor to the Family Court at Pathanamthitta while Tr.P.(C) No.265/2024 was transferred from the Family Court, Nedumangad to the Family Court at Pathanamthtta as per orders dated 02.04.2024 and 27.05.2024 respectively. It was further submitted that since the present transfer sought for by the petitioners is a case arising under the Domestic Violence Act, transfer of the case to the Family Court, Pathanamthitta is not possible.

5. In the matter of consideration of cases arising under the Domestic Violence Act, the convenience of women in a domestic relationship has to be given primary importance. The contention that since the petitioner is a practising lawyer at Adoor, the courts will be prejudiced against the petitioners, is bereft of any legal basis and therefore the said contention is rejected. However, it is noticed that already two cases were transferred to the Family Court at Pathanamthitta and therefore the petitioners as well as the respondents would find it more convenient to have the case tried before the Magistrate Court at Pathanamthitta rather than at Adoor.

6. Taking note of the orders issued by this Court in Tr.P.(C)

No.78/2024 and Tr.P.(C) No.265/2024, I am of the view that M.C. No.108 of 2023 pending on the files of the Judicial First Class Magistrate's Court, Adoor can be transferred to the Judicial First Class Magistrate's Court, Pathanamthitta in the interest of justice. Ordered accordingly.

Tr.P.(Crl.) is disposed of as above.