IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Tr.P(C).No. 208 of 2011() ------------------------- OP.310/2010 of FAMILY COURT,KASARAGOD .................... PETITIONER: ----------------------- K.V.BHASKARAN, AGED 45 YEARS, S/O.LATE P.V.KUNHAMBU, THADIYANKOVAL, UDINOOR VILLAGE, P.O.UDINOOR, KASARAGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------------------- M.V.REMADEVI, D/O.LATE N.V.KUNHIRAMAN MASTER, ANCHANOOR VILLAGE, KIZHAKKUMKARA, P.O.AJANOOR, KASARAGOD DISTRICT, PIN-671 121. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Tr.P(C) 208/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF O.P.310/2010 DTD. 16/09/2010 ON THE FILE OF FAMILY COURT, KASARAGOD. ANNEX.2: COPY OF O.P.JNO.19/11 ON THE FILE OF THE FAMILY COURT, KASARAGOD DTD. 4/1/2011. ANNEX.3: COPY OF COUNTER FILED BY THE RESPONDENT DTD. 23/1/2010 IN O.P.310/2010. ANNEX.4: COPY OF COUNTER FILED BY THE RESPONDENT DTD. 24/03/2011 IN O.P.NO.19/2011. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.208 of 2011 --------------------------------------- Dated this 06th day of July, 2011 ORDER This petition is for transfer of O.P.Nos.310 of 2011 and 19 of 2011 from Family Court, Kasaragod to Family Court, Kannur or Kozhikode. Those petitions are filed by petitioner for divorce and custody of the children. It is submitted that there was no joint trial ordered in the cases and the same were posted on 02.07.2011 for evidence. Petitioner was ready to give evidence in the case seeking divorce but he was not ready in the other case. When this was conveyed to the Presiding Officer, he got restless and directed that he will order joint trial, immediately joint trial was ordered and when petitioner requested time for giving evidence, the Judge of the Family Court made an observation “then get lost”. That, according to the petitioner has created a genuine apprehension in his mind that he may not get a fair trial. Learned counsel submitted that in the circumstances the request for transfer may be allowed. 2. Assuming that the Judge of the Family Court has said so (if it was so said, it should and could have been avoided) provoked by the situation at the relevant time, that does not Tr.P(C).No.208 of 2011 -: 2 :- mean that the Judge has taken any decision as to the final disposal of the cases. I am not inclined to think that such a statement, if made is sufficient to create a genuine apprehension in the mind of a litigant. Respondent/wife is a resident of Ajanoor, in Kasaragod district. Transfer the case to Kannur or Kozhikode will certainly cause inconvenience to her. In the circumstances request for transfer cannot be allowed. If petitioner is desirous of getting time in the cases to give evidence, he can make a request to the Judge and if any such request is made the Judge shall consider the request and pass appropriate orders. With the above direction this petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-