JAIN PAUL KURIAKOSE Vs. ASHA BABU

JUDGEMENT

(1.) In these petitions, three separate proceedings viz, O.P. Nos. 115/2011, 888/2011 & 2048/2011 relating to matrimonial dispute between the petitioner and his wife pending before the Family Court, Ernakulam, are sought to be transferred to the Family Court, Muvattupuzha, alleging bias against the Presiding Officer. O.P. Nos. 115/2011 and 888/20/11; were filed by the petitioner seeking custody of the minor child and for dissolution of marriage. O.P. No. 2048/2011 was filed by the wife of the petitioner seeking recovery of ornaments and realisation of money from the petitioner. Petitioner's wife figures as the sole respondent in Tr.P.C. No. 368/2012 and as the first respondent in the other transfer petitions.

(2.) The marriage between the parties was solemnized on 15/02/2008 and their wedlock is blessed with a girl child. The petitioner's wife is an Advocate by profession who is practicing before various courts at Ernakulam, including this Court as well as the neighbouring sub centres. The strained relationship between the parties led to the proceedings before the Family Court, Ernakulam.

(3.) The grievance of the petitioner is that in the adjudication process before the court below his wife is misusing her profession as an Advocate and is attempting to make benefits out of the same standing in a position as a lawyer practicing in the same court as well. According to the petitioner his interest is being sidelined and he seriously apprehends that the proceedings may have a tendency to be one sided i.e., against him. He would state that his apprehension is reasonable and thus, seeks transfer of the aforesaid three petitions now pending before the Family Court, Ernakulam to the Family Court, Muvattupuzha.