SINI Vs. B SURESH JYOTHI

JUDGEMENT

(1.) The appellant is the petitioner in O.P. (H.M.A.) No. 398/95 filed before the Family Court, Trivandrum and she is also the respondent in O.P. 372/95 pending before the same Court. The appellant seeks that both these proceedings be transferred to Family Court, Kollam. The contention of the appellant is that the presiding Judge of the Family Court has passed certain comments adverse to the interest of the appellant and she apprehends that she will not got justice from the Court. The learned Single Judge held that no personal bias or ill will is attributed against the presiding officer of the family Court and on the basis of flimsy ground the case cannot be transferred to another Court.

(2.) We heard the appellant's counsel. The counsel contends that the opposite party had telephoned to the appellant's father that the husband would secure favourable orders from the family Court. It is to be noticed that the appellant had no case that the presiding officer of the family Court passed any adverse order. Mere apprehension of the petitioner appellant is not sufficient to transfer a case from the file of the Court to another.

(3.) The counsel further argued that the presiding Judge of the Family Court is pressurising the appellant to settle the criminal case pending between the parties and persuading the appellant to stay with her husband. It is submitted that the appellant is very much afraid of going to the matrimonial home. The appellant is represented by a counsel. We do not think that the presiding officer of the Family Court would indulge in any illegal persuasion. If any persuasion to settle the matter was made by the Court, that could only be taken as a part of the business of the Court. As regards every proceedings before the family Court, it is the duty of the presiding officer to make earnest endeavour to settle the matter. If any such sincere effort is made by the presiding Judge, parties shall not interpret it as a coercive step to come to some terms, and on that basis, the case pending before one Court cannot be transferred to another Court, especially when the parties on either side reside in the same city and the Court is nearby to their residence.