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Transfer sought as judge did chamber mediation and allegation of bias against judge, DISMISSED: Kerala HC

Kerala High Court
Mc 278/2013 Of Family Court vs Jinumol Baby
       

  

   

 
 
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT:

         THE HONOURABLE MR.JUSTICE P.BHAVADASAN

  WEDNESDAY, THE 29TH DAY OF OCTOBER 2014/7TH KARTHIKA,
                          1936

              Tr.P(Crl.).No. 49 of 2014 ()
              -----------------------------
   MC 278/2013 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR.


PETITIONER(S)/PETITIONER:
-------------------------

      JINUMOL BABY, AGED 23,
      D/O.LISA BABY, PALAKULATH HOUSE,
      THIRUVANCHOOR P. O.,
      MANARKAD, KOTTAYAM DIST, PIN-686037,

      BY ADV. SRI.P.M.SEBASTIAN

RESPONDENT(S)/RESPONDENTS:
--------------------------

      TINU MATHEW, AGED 26,
      S/O.THANKACHAN, THAKITIYIL HOUSE,
      MEENACHIL P. O.,
      PALA, KOTTAYAM DIST, PIN-686589

      R1 BY ADV. SRI.P.K.RAVISANKAR

        THIS TRANSFER PETITION (CRIMINAL)     HAVING BEEN
FINALLY  HEARD    ON    29-10-2014  ALONG  WITH  T.P.(C).
336/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



                      P. BHAVADASAN, J.
                 - - - - - - - - - - - - - - - - - - - - - -
                    Tr.P.(Crl). No. 49 of 2014
                  & Tr.P.(C) No. 336 of 2014.
                  - - - - - - - - - - - - - - - - - - - - - -
           Dated this the 29th day of October, 2014.

                              JUDGMENT

This is a petition filed under Section 407 of the Code of Criminal Procedure seeking transfer of M.C. 278 of 2013 pending before the Family Court, Ettumanoor to Family Court, Pala or any other court.

2. Suffice to say, the respondent, who is a handicapped person, married the petitioner. Their relationship got strained. The respondent would say that they were leading a very happy life, but the petitioner would say otherwise. According to the respondent, one day she left the house and even though there were settlement talks and they stayed together for a while, they fell apart. Inspite of repeated demands by the parents of the respondent to the petitioner to return, that did not materialize. Thereafter the respondent moved M.C.278 of 2013.

Tr.P.(Crl).49/2014 & Tr.P.(C) 336/2014.

3. One of the grounds raised for transfer is that the Judge of the Family Court, Ettumanoor is biased. According to the petitioner, at the time of discussion the Judge of the Family Court told the petitioner to enter into a compromise by threatening her with dire consequences. According to the petitioner, in fact it is stated that the the petitioner believes that she will not get any favourable orders from that court and also that the Judge had already taken a decision in the matter.

4. In the light of the allegations made in the petition, a report was called for from the Family Court Judge concerned. The Family Court Judge has submitted a detailed report which on the very face of it shows that the allegations made in the petitions are totally false. It is discernible from the report that earnest and sincere efforts were made by the Tr.P.(Crl).49/2014 & Tr.P.(C) 336/2014.

Family Court Judge to have the matter settled and on failure to do so, posted the case for further proceedings. It is seen from the report that the averment of the petitioner that there were 12 postings of the case is obviously wrong in the light of the fact that in the report of the Family Court Judge it is stated that there was only one posting and that was on 1.7.2014. It is also stated in the report that she has no objection in transferring the petition and that the allegations against her is totally false and that may be taken serious note of.

5. After having given anxious consideration of the facts, it can be seen that the claim made by the petitioner that the Family Court Judge is biased is obviously false. This Court is of the view that if such petitions are to be entertained, that will give a wrong message and that should not be encouraged. The Family Court Judge in her report has detailed the sincere efforts made by her to settle the matters in her Chambers. Tr.P.(Crl).49/2014 & Tr.P.(C) 336/2014.

The statements made by the Judge need not be doubted.

In the result, these petitions are without merits and they are accordingly dismissed.

P. BHAVADASAN, JUDGE sb.

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