Convenience alone does not warrant the transfer of domestic violence cases; the court prioritizes the integrity of proceedings and personal attendance.

O R D E R

The petitioners herein, who are the respondents in CMP No.

2689/2018 on the files of the Judicial First Class Magistrate Court, Payannur filed under section 12 of the Protection of Women from Domestic Violence Act, 2005, seeks transfer of the case from the above court to any court in Ernakulam. It appears that, though the permanent address of the petitioners are at Thiruvananthapuram, according to the petitioners, the first petitioner is now employed in Aluva and hence, it will be more convenient to him, if the matter is posted in any court at Ernakulam. He further contended that, the first respondent is also now employed in one institution by name Ekavaidya Knowledge Services Private Ltd., having its office at Kochi.

2. The first respondent appeared, disputed the above contention and took up the stand that, though she is employed in Ekavaidya Knowledge Services Private Ltd, business is essentially done online, and she can do the business from anywhere in the world using online console. To substantiate it, the respondent relied on Ext.R1. Yet another contention set up by the first respondent was that, her father died on 6/4/2018 and her mother alone is residing in the family house. Hence, she cannot leave the mother alone, to participate in the proceedings.

3. It seems that, permanent address of the petitioners are at Thiruvananthapuram. They had to travel definitely from Thiruvananthapuram or Ernakulam to Payyannur to contest the proceedings. Necessarily, if the first respondent is also employed in Ernakulam, she would not have opposed this transfer petition, since it would have been convenient to her also. Hence, the first respondent's version that, she is doing online business from her house at Payyannur, is only to be believed. Hence, I do not find any justification in ordering transfer of the case from Payyannur to suit the convenience of the petitioners herein. The first petitioner is a doctor and the second petitioner is aged 55 years. Hence to reduce any inconvenience that may be caused to the petitioners by continuous long travel, I am inclined to direct the First Class Judicial Magistrate, Payyannur to exempt the petitioners from their personal appearance, till such time as court may feel proper, if any application for personal exemption is made and the petitioners appear and continue to appear through the counsel.

The Transfer Petition is dismissed with the above observations.