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1996 Supreme(Ker) 5

K.G.BALAKRISHNAN, K.NARAYANA KURUP
Dr. Sini – Appellant
Versus
B. Suresh Jyothi – Respondent


Advocates:
M.P. Abraham, V. Philip Mathews, Biju Varghese and Biju Balakrishnan, for Appellants.

Judgement

BALAKRISHNAN, J.:- 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


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