ORDER

Petitioner herein is the respondent in M.C. No.3 of 2016 pending before the Chief Judicial Magistrate Court, Ernakulam filed by the first accused, his wife. According to the petitioner herein, the above MC was filed at Ernakulam on a premise that the petitioner herein has a flat in Marine Drive, Ernakulam. Petitioner has sought to transfer the present case to the Judicial First Class Magistrate Court, Chavakkad on a premise that Chief Judicial Magistrate, Ernakulam has no jurisdiction since the petitioner herein and the respondent have not resided at the flat at Marine Drive. Learned counsel submitted that the petitioner and the respondent are staying at Chavakkad and transfer of the present case to Court at Chavakkad is only be at their convenience.

2. Notice was served on the respondent who remained absent and did not contest the proceedings. Heard the learned counsel for the petitioner.

3. Learned counsel for the petitioner invited my attention to paragraph 7 of Annexure(a), wherein respondent herein had stated that she, the petitioner herein and his mother were at Dubai and after they returned, they resided at Chavakkad. Her grievance Tr.P(Cr).17/17 is that even after retur