IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Tr.P(C).No. 257 of 2008 --------------------------------- OP (F&W).NO1082/2008 OF FAMILY COURT, NEDUMANGAD . .................... PETITIONER/ PETITIONER: -------------------------------------- SHABEER ALI, S/O.HANEEFA RAVOTHAR, SUHAIL COTTAGE, PALLIKUNNU, KALLARA VILLAGE. BY ADV. SRI. S.A. SAJU. RESPONDENT/ RESPONDENT: -------------------------------------------- SHAJIMA BEEVI, D/O.KADEEJA BEEVI, E.V.HOUSE, EDAVILAKATHU, PANGODE VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. ------------------------------------------------------------- Tr.P.(C) No.257 of 2008 -------------------------------------------------------------- Dated this the 23rd day of October, 2008 J U D G M E N T Heard learned counsel for the petitioner. 2. Petitioner filed O.P.(G & W) No.1082/2008 in the Family Court, Nedumangadu against his wife, seeking custody of the child. Petitioner apprehends that he will not get justice from that Court, and therefore, prays that the case be transferred to the Family Court at Thiruvananthapuram. 3. Grievance of the petitioner is that he had filed I.A.No.2268/2008 for interim custody of the child, the child was produced before learned Judge of Family Court, petitioner requested the court to permit him to talk to the child, but the judge refused to grant permission. Later the case was called in the Chamber of the learned Judge where the child expressed his willingness to go with the petitioner. It is alleged that learned Tr.P.(C) No.257/2008 - 2 - Judge of the Family Court did not record that statement and instead passed Exhibit P3, order granting custody of the child (aged eight years) with wife. Therefore, petitioner apprehends that he will not get justice from the court concerned. He prays that the case may be transferred to the Family Court, Thiruvananthapuram. 4. If request for transfer is made on apprehension of not getting fair trial, that apprehension must be reasonable. It is seen from Exhibit P3 that it is only an interim order granting custody of the child to its mother, the respondent. That application is not still disposed of. That application is posted on 25-10-2008 for objection and hearing. Petitioner can request the Judge, Family Court for early disposal of the application and if the application is decided against him, certainly he has a right and opportunity to challenge such order. There is no reason to think that petitioner will not get justice from learned Judge, Family Court, Nedumangad, where the proceedings are initiated. Tr.P.(C) No.257/2008 - 3 - I do not find any reason to think that apprehension of the petitioner is real or reasonable. Therefore, request for transfer cannot be entertained. This writ petition is, therefore, dismissed. Sd/- THOMAS P. JOSEPH, JUDGE skr // True copy // P.A.to Judge.