IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Tr.P(C).No. 217 of 2009() ---------------------------------- OP.537/2008 of FAMILY COURT, THIRUVALLA .................... PETITIONER: ------------------ SHIBHU KUMAR. N., S/O.P.N.NEELAKANDAN, AGED 37 YEARS, HAVING PERMANENT RESIDENCE AT MANIMANDHIRAM, ANGADIKKAL SOUTH, KODUMON, ADOOR, PATHANAMTHITTA DISTRICT AND PRESENTLY RESIDING AT NO.553, 6TH A CROSS, 10TH MAIN HAL IIIRD STAGE,JEEVAN BHIMA NAGAR,BANGALORE-75. BY ADV. MR.SIVARAM MR.R.KISHORE RESPONDENT(S): ------------------------- JAYASREE. K.V., D/O.C.R.VASU, SREENILAYAM HOUSE, AYYAMKOIKKAL MURI, ERATHU VILLAGE, ADOOR. BY ADV. MR.KKM.SHERIF , MR.LAL K.JOSEPH , MR.A.A.ZIYAD RAHMAN , SMT.SHEENA SAMUEL, SMT.ROSHAN THOMAS . THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.217 OF 2009 -------------------------- Dated this the 29th day of September 2009 ------------------------------------- ORDER Petition is filed for transfer under Section 24 of the Code of Civil Procedure. Petitioner is the husband and the respondent, the wife. Husband has filed a petition seeking dissolution of marriage and that petition numbered as O.P No.537 of 2008 is pending before the Family Court, Thiruvalla. Recording of evidence in the above case has already commenced. He has filed the present petition for transfer of the case to some other Family Court raising imputations of bias against the presiding officer of that court. 2. The respondent, wife, being given notice has entered appearance and filed a counter affidavit refuting the averments raised for transfer. Having regard to the statements made in the transfer petition which is supported by an affidavit filed by the petitioner, a report from Tr.P.(C).No.217 OF 2009 Page numbers the Judge, Family Court was called for. Refuting the allegations made, the learned Judge, Family Court has stated that he has no objection in transferring the case to any other court. I am not adverting to the allegations imputed against the Judge in the petition, which exfacie appear to be unconvincing. However, as the continuance of the case before the same court is likely to cause embarrassment to the judge, and for one reason or other, an apprehension of denial of opportunity and justice is entertained by the petitioner, which I do not approve, I find it is proper and appropriate to transfer the case to some other competent court. So I direct for transfer of the above case to the Family Court, Alappuzha. The Judge, Family Court, Thiruvalla is directed to transfer the records to the Family Court, Alappuzha without delay. The transferee court on receipt of the records shall give notice for appearance to the parties. Petition is disposed as indicated above. S.S.SATHEESACHANDRAN, vdv JUDGE