IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Tr.P(C).No. 218 of 2009() ------------------------- TO TRANSFER IA 3574/08 IN O.P.1277/05 & OP.8/2009 of FAMILY COURT, NEDUMANGAD TO FAMILY COURT, TRIVANDRUM OR SOME OTHER COURT. .................... PETITIONER ------------------------------ ASWATHY RANI, AGED 29 YEARS, D/O.MOHANDAS, SHIBI NIVAS, MARUTHUMOODU, MITHRUMALA, KALLARA, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.D.ASOKAN RESPONDENT: --------------- SAJEEV, AGED 39, S/O.SOMAN, MANGALASSERY, NEDUMPARAMABA, KARAVARAM VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. ADV. SRI.A.RAJASIMHAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No.218 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 5th October, 2009 ORDER Petition for transfer is filed under Section 24 of the C.P.C. Petitioner is the wife and the respondent, the husband. Wife seeks transfer of the petition filed by the husband as O.P.No.8 of 2009 before the Family Court, Nedumangad to some other Family Court in Trivandrum. Previous application moved by the husband had been allowed to be withdrawn. For review of that order permitting withdrawal, wife has filed an application as I.A.No.3574 of 2008 in O.P.No.1277 of 2005. That application is also sought to be transferred to another Family Court. 2. Notice being given, the husband has entered appearance. I heard the counsel on both sides. Since the reason attributed in the transfer petition was bias imputed against the Judge of the Family Court, a report from the concerned Judge was called for. After perusing the report of the Judge, Family Court with reference to the allegations raised in the petition and also the submissions made by the counsel on both sides, I find that the allegations of bias imputed against the Judge cannot be accepted on its face value. However, taking note that continuation of the trial in the same Family Court after such imputations are made against the Judge by one or other Tr.P.C.No.218/09 - 2 - party is likely to embarrass the Presiding Officer, I find it appropriate and proper to transfer the petition to some other court. O.P.No.8 of 2009, petition filed by the husband is ordered to be transferred to the Family Court, Kollam. Review Petition filed as I.A.No.3574 of 2008 shall be heard and decided by the Judge, Family Court, Nedumangad. A counter claim which is stated to have been raised by the wife in the previous O.P. filed by the husband which was allowed to be withdrawn still remains to be adjudicated and the trial on that counter claim will proceed only after disposing the review petition referred to above. The Judge, Family Court is directed to pass appropriate orders in accordance with law in I.A.No.3574 of 2008 moved by the wife within a period of two weeks from the date of receipt of a copy of this order. Transfer of the petition, O.P.No.8 of 2009 shall be given effect to after passing of orders and disposal of I.A.No.3574 of 2008. After a decision is rendered in the above review petition, petitioner is granted liberty to move again for transfer of the counter claim raised in O.P.No.1277 of 2005, if need be. 3. The Judge, Family Court, Kollam, on receipt of the records in O.P.No.8 of 2009, shall give notice to the parties for appearance. Transfer Petition is disposed as above. srd S.S. SATHEESACHANDRAN, JUDGE Tr.P.C.No.218/09 - 3 -