IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Tr.P(C).No. 33 of 2009() ------------------------------- OP.334/2008 of FAMILY COURT, NEDUMANGAD .................... PETITIONER (S): ---------------------------- VINEETHA, AGED 23 YEARS, D/O.AMBIKA, T.C. 33/1796, LEKSHMI NIVAS, NETAJI ROAD, VATTIYOORKKAVU. BY ADV. MR.SERGI JOSEPH THOMAS RESPONDENT(S): -------------------------- SHAJI KUMAR, AGED 31 YEARS, S/O.SREEKANTAN NAIR, MAIPPARAMBIL HOUSE, VELLAIKKADAVU, KODUNGANOOR, VATTIYOORKAVU VILLAGE. BY ADVS.MR.RAM MOHAN.G. MR.G.P.SHINOD MR.MANU V. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, ALONG WITH TPC NO. 41 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).Nos.33 AND 41 OF 2009 -------------------------- Dated this the 7th day of October 2009 ------------------------------------- ORDER Both these transfer petitions are filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and respondent the husband. Wife has filed a petition as O.P No.187 of 2008 on the file of the Family Court, Nedumangad seeking recovery of money from the husband. The husband has filed another petition as O.P No. 334/2008 before the same court seeking a decree of restitution of conjugal rights. Wife has filed petitions for transfer of both the cases to the Family Court, Thiruvananthapuram imputing bias on the Judge, before whom the cases are now pending. 2. Notice being given, the respondent/husband has entered appearance. Having regard to the imputations made, remarks of the Tr.P.(C).Nos.33 AND 41 OF 2009 Page numbers Judge, Family Court were called for. The allegations and imputations have been refuted by the learned Family Court Judge as bereft of any truth. After hearing the counsel on both sides and also perusing the respective transfer petitions with reference to the remarks tendered by the learned Judge, I find there is no merit in the imputations made attributing bias against the Judge. However, taking note that continuation of the proceedings in the same court after one or other party had imputed bias against the Judge would cause embarrassment to the preceding officer I find it is only proper and appropriate that the cases be transferred to some other court. I make it clear that the transfer is ordered not in any way approving the allegations and imputations made against the Judge, which are prima facie found to be unacceptable. The Judge, Family Court, Nedumangad is directed to transfer O.P No.187/2008 Tr.P.(C).Nos.33 AND 41 OF 2009 Page numbers and O.P No.334/2008 to the Family Court, Thiruvananthapuram without delay. The Judge, Family Court, Thiruvananthapuram on receipt of the records shall give notice to the parties for appearance. Subject to the above directions the petitions are closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv