T.P.PADHMAJA Vs. MR.KUMARAKRISHNAN

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife to withdraw the case in H.M.O.P.No.151 of 2015, filed by the respondent/husband for divorce from the file of Family Court Villupuram and transfer the same to the file of any other Courts in Villupuram District.

(2.) As both the parties are residence of Villupuram, the petitioner herein have entered appearance before the Family Court, Villupuram and had been contesting the proceedings. Whileso, the Power of Attorney of the respondent filed an Interlocutary Application in I.A.No.74 of 2017, to grant permission for the respondent to record his evidence through video conference. The said I.A. was vehemently opposed by the petitioner. However, the same was allowed, by the Family Court, Villupuram.

(3.) It is stated in paragraph 6 of the affidavit filed in support of the transfer petition that the learned Family Court Judge has openly expressed that the petitioner was at fault and also commented about her character. This according to the petitioner is an expression of bias and that she apprehended prejudice, if the matter is conducted before same Judge. It is further stated that the application for interim maintenance is still pending and without disputing the same, the main case has been taken up. Thus alleging, the petitioner sought for transfer of the H.M.O.P.No.151 of 2015 from the Family Court, Villupuram to any other Court in Villupuram having jurisdiction.