Transfer of criminal cases should consider convenience and access to justice, especially in matrimonial disputes.

K.BABU, J.

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Tr.P (Crl) No.6 of 2026 ---------------------------------------

Dated this the 23^rd day of February, 2026 JUDGMENT Spoke.

2. This is an application seeking transfer of C.C No.378/2025 pending before the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam.

3. Petitioner No.1 is the wife of the respondent. Petitioner No.2 is the father of petitioner No.1.

4. I have heard the learned counsel for the petitioners and the learned counsel for the respondent.

5. The marriage between petitioner No.1 and the respondent was solemnised on 15.09.2019. The parties are living separately. Petitioner No.1 filed various cases before the courts in Pathanamthitta District against the respondent. Based on the complaint of petitioner No.1, Ranni Police registered Crime No.1124/2023 against the respondent. The Police after completion of the investigation submitted final report, which is pending before the Judicial First Class Magistrate Court, Ranni as C.C No.281/2024. Petitioner No.1 filed M.C No.6/2024 seeking maintenance before the Grama Nyayalaya, Ranni. Petitioner No.1 filed OP No.685/2024 before the Family Court, Pathanamthitta seeking return of gold ornaments and money. The respondent filed O.P No.1743/2024 before the Family Court, Ernakulam. This Court as per order dated 25.09.2025 in Tr.P (C) No.98/2025 ordered the transfer of the case filed by the respondent to the Family Court, Pathanamthitta. The respondent filed Crl.A No.15/2025 challenging the order passed by the Grama Nyayalaya before the Sessions Court, Pathanamthitta.

6. The following cases that arose from the matrimonial disputes between petitioner No.1 and the respondent are pending before the various courts in Pathanamthitta District:

1. C.C No.281/2024 on the file of the Judicial First Class Magistrate Court, Ranni (arose from Crime No.1124/2023 of Ranni Police Station)

2. O.P (Others) No.685/2024 on the file of the Family Court, Pathanamthitta.

3. M.C No.6/2024 on the file of the Grama Nyayalaya, Ranni.

4. O.P No.1158/2024 on the file of the Family Court, Pathanamthitta.

5. Crl.A No.15/2025 on the file of the District Court, Pathanamthitta.

7. C.C No.378/2025, the transfer of which is sought in this petition, also arose from a matrimonial dispute between the parties. Petitioner No.1 is residing at Ranni at Pathanamthitta District. Petitioner No.2, her father, is aged 60 years. The petitioners essentially relied on the following grounds to seek transfer of C.C No.378/2025 from the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam to any court at Pathanamthitta.

“ B . The entire dispute between the parties arises out of matrimonial discord. Multiple proceedings emanating from the same matrimonial relationship are already pending within the territorial jurisdiction of Pathanamthitta District, including proceedings before the Family Court, Pathanamthitta, the Judicial First Class Magistrate Court, Ranni, and the Grama Nyayalaya, Ranni. The criminal proceedings sought to be transferred are intrinsically connected to the said matrimonial disputes.

C. The 1^st Petitioner is a woman residing permanently at Ranni, Pathanamthitta District, and is dependent on her parental home. She is presently contesting several proceedings instituted by and against the Respondent at Pathanamthitta. Compelling her to attend criminal proceedings at Ernakulam on every posting would result in undue physical, mental and financial strain and would amount to denial of effective access to justice.

D. The 2^nd Petitioner is a senior citizen aged about 60 years and is suffering from serio