BALACHANDRAN Vs. MEENA

JUDGEMENT

(1.) This is a petition for transfer of the proceeding from the Family Court, Thiruvananthapuram to some other Family Court by the husband in a proceeding for custody of the minor children. The main apprehension of the petitioner as seen expressed is that the Judge was somewhat hostile towards him. The report sent up by the Family Court shows that the allegations in that behalf made by the petitioner cannot be accepted at face value. After all Family Courts Act constitutes the Judge to some extent also a conciliator of the dispute. In that process the Judge is forced to talk to the parties and try to bring them together. But the Act envisages that that role of the Judge is totally different from the Judicial role he will assume when he is finally forced to decide the lis between the spouses on merits. I am therefore of the view that transfer of the proceedings from one Family Court to another on such allegations would be counter productive and would not achieve the object sought to be achieved by the Family Courts Act. In the light of the report received from the Family Court and in view of the belief of this Court that the cause will be decided judicially by the Family Court, I decline to accede to the prayer for transfer.