IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Tr.P(C).No.331 of 2008 ---------------------------- OP.202/2007 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR .................... PETITIONERS/RESPONDENTS ----------------------------------- 1. JIBU MATHEW THARAKAN, AGED 30 YEARS, S/O.G.MATHEW THARAKAN, PADINJAREVILAYIL, KUNDARA, EZHUKON VILLAGE, KOTTARAKKARA TALUK KOLLAM DIST. NOW WORKING AT EMPLOYMENT NO.662, P.B.NO.13164, A1 SHAFAR GENERAL CONTRACTING CO. LIC DUBAI, U.A.E REP. BY G.MATHEW THARAKAN, AGED 55 YEARS. S/O GEE VARGHESE THARAKAN, RESIDING AT PADINJARAVILAYIL, KUNDARA EAST P.O., MULAVANA MURI, MULAVANA VILLAGE, KOLLAM TALUK. 2. G.MATHEW THARAKAN, AGED 55 YEARS S/O.GEE VARGHESE THARAKAN, RESIDING AT PADINJAREVILAYIL, KUNDARA EAST P.O. MULAVANA MURI, MULAVANA VILLAGE, KOLLAM TALUK. 3. KUNJAMMA MATHEW THARAKAN, W/O.MATHEW THARAKAN, AGED ABOUT 56 YEARS, RETIRED TEACHER, RESIDING AT PADINJAREVILAYIL HOUSE, KUNDARA P.O., EZHUKONE VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT: PETITIONER -------------------------------- RENILA NINAN, AGED 27 YEARS, D/O.NINAN C.K. CHIRATHALATTU HOUSE, KURISUMMOOD P.O., CHANGANACHERRY, VAZHAPPALLY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. NOW RESIDING AT BLOCK NO.13, FLAT NO.69, SHAIKH RASHEED BUILDING, GHUSSIAS, DUBAI, U.A.E. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Tr. P. C No.331 of 2008 ------------------------------------------------ Dated this the 18th day of December, 2008 ORDER The petitioners are the divorced husband of the respondent and his parents who are respondents in O.P.202/07 on the file of the Family Court, Kottayam at Ettumanoor. The prayer in this Transfer Petition is for an order transferring the said O.P from the file of the Family Court, Ettumanoor to Family Court, Kollam. 2. According to the Counsel for the petitioner, O.P.202/07 was once decreed in part by the Family Court, Ettumanoor; that appeal was preferred by both sides against the said judgment and allowing both the appeals the O.P. was being remanded by this Court for disposal afresh and that the same Judge who decreed the case in part still continues to be the Judge of the Family Court at Ettumanoor; Tr. P. C No.331 of 2008 -2- and that the petitioners apprehend that they may not get justice from the same Judge as he had already taken a decision against them though the suit was decreed only in part; that the first petitioner is abroad and petitioners 2 and 3 are senior citizens residing at Kollam and it is difficult for them to go over to the Family Court, Ettumanoor. It is too much for a lawyer to contend before this Court that when a case is remanded by this Court it should be considered afresh by a different Judge and not by the Judge who passed the judgment initially. The respondent was the wife of the first petitioner and though it is stated that she is now abroad her house is at Changanacherry and a transfer of the case to Kollam by the time she comes over to tender evidence in the case will only cause inconvenience to her. I see no reason to order Tr. P. C No.331 of 2008 -3- a transfer of the case as prayed for. 3. In the result, I dismiss this Transfer Petition. K.P.BALACHANDRAN, JUDGE kns/-