IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Tr.P(C).No. 280 of 2010() ------------------------- OP.835/2007 of FAMILY COURT, KOTTAYAM .................... PETITIONER/PETITIONER: -------------------- C.V.GEORGE S/O.VARKEY, AGED 44 YEARS, RESIDING AT CHITTATTUKUNNEL HOUSE, VALAVOOR P.O., VALLICHIRA VILLAGE, VALAVOOR KARA, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENT(S)/RESPONDENT: --------------- MINI JOSEPH @ ROSA, D/O.JOSEPH, AGED 41 YEARS, KANDATHINKARA HOUSE, NADAKKAL P.O., THEKOY KARA, THEKOY VILLAGE, MEENACHIL TALUK, KOTTAYM DISTRICT 686 589. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ------------------------- Tr.P (C) No.280 of 2010 -------------------------- Dated this the 22nd day of September, 2010 ORDER This petition is for transfer of O.P.No.835 of 2007 from Family Court, Kottayam at Ettumanoor to Family Court, Thodupuzha. That original petition is filed by the petitioner seeking a divorce. In the meantime, respondent/wife filed M.C.Nos.27 and 122 of 2008 in the same court and got favourable orders. Petitioner filed O.P.(G & W). No. 1059 of 2008 for custody of the child but the Family Court did not allow that and instead, permitted petitioner to visit the child at the residence of respondent once a month. Grievance of petitioner is that since other cases have been decided against him there is possibility of the present case also being decided against him. Petitioner has another grievance that all relevant questions put to the respondent in cross examination were not recorded by the Presiding Officer. Hence request for transfer to the Family Court at Thodupuzha. 2. I have gone through the petition and heard counsel for petitioner. Having gone through the petition and hearing learned counsel, I am not persuaded to think that there exists any circumstance which require me to order transfer of the case from Family Court at Ettumanoor. But, the Presiding Officer of the Tr.P.(C)No.280/2010 2 Family Court concerned is directed to record all relevant questions put on behalf of petitioner when respondent and her witnesses are in the box and decide the case on its merit untrammelled by the decisions in the former cases. Transfer petition is dismissed with the above observations. I.A.No.2313 of 2010 will stand dismissed. THOMAS P JOSEPH JUDGE Sbna/