IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Tr.P(C).No. 21 of 2008() ------------------------ ORDER DATED M.C.NO.107/05, OP 295/2005, OP.294/2005 AND OP 347/07 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER : ----------------- SHANAVAS S/O.V.SAINUDEEN, AGED 38 YEARS NAVAS MANZIL, NADUKKUNNU PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: ------------- 1. SHYNI, D/O.ABDUL KHADER SHYNI BHAVANAM, KADUVATHODE MURI PATTAZHI, VADAKKEKARA VILLAGE PATHANAPURAM TALUK, KOLLAMD DISTRICT. 2. THE FAMILY COURT, KOTTARAKKARA. BY ADV. SRI.PREMCHAND R.NAIR THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- Tr.P.(C).No.21 of 2008 ------------------------------------------- Dated this the 3rd day of March, 2008 ORDER This transfer petition is preferred with a prayer to transfer O.P.Nos.294/05, 295/05, M.C.No.107/05, and O.P.No.347/07 pending before the Family Court, Kottarakara to any other court. 2. The allegations levelled are against Judicial Officer's conduct. Therefore, I called for a report from the learned Family Court Judge and she had given a parawise comments regarding the various allegations. She has made it clear that she has no affection or ill will towards any of the parties and she is attempting to dispose of the matter in the must judicious manner and she has also stated about the practice which she adopts in her court. According to her, frantic efforts are made for settlement between the parties and even when chances of reunion is remote further advice is given to both the parites. She had given the reasons for opening the locker and bringing the ornaments before the court and giving it to the complainant as it is admitted by both the parties that it belong to her. The TPC No.21/2008 2 court had given a direction to return as and when it is required. Similarly, when an authenticity of the documents produced was questioned, the jama-ath Secretary was summoned to produce the original of the documents. She has also stated that whenever the bank records with the certificate of authenticity comes to the court, she discourages the examination of the bank managers. 3. I feel in the light of these remarks, it may not be proper to transfer the case from that court to any other court. For the reason, it will send a bad message to the system itself. But at the same time, I remind the judicial officer that there is rightly or wrongly some misapprehensions about the conduct of the officer, then therefore one has to be more careful and it must be also born in mind that justice should not only be done; it should be seem to be done as well. The grievance of the transfer petitioner is that one of his cases that is O.P.No.347/07 is not taken up for trial may also be considered and so that it can also disposed of at the earliest. With these observations this transfer petition is dismissed. M.N.KRISHNAN, JUDGE csl