Point of law: A petition filed under Section 24 of Code seeking transfer of case shall not be based on conjectures and mystic maybes - The onus is on the person who alleges bias to substantiate that his apprehensions are reasonable genuine and justifiable.

JUDGMENT :

Anil K. Narendran, J.

The appellant is the petitioner in Tr.P.(C)No.402 of 2021, a petition filed under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of O.P.No.2364 of 2017 pending before the Family Court, Ernakulam, either to Family Court, Muvattupuzha or any other Family Court, as this Court may deem fit, for trial and disposal on merits. The 1st respondent is the wife and the 2nd respondent is the daughter of the appellant. They filed O.P.No.2364 of 2017 against the appellant, under Section 7(1)(c) of the Family Courts Act, 1984, seeking a decree directing the appellant to return gold ornaments weighing 70 sovereigns given at the time of marriage to the 1st respondent or its present value with interest from the date of marriage till realisation. In the said original petition they sought various reliefs, including payment of a sum of Rs.50,00,000/-towards the marriage expenses of the 2nd respondent. In Tr.P.(C)No.402 of 2021, it is alleged that, on 07.07.2021, when O.P.No.2364 of 2017 came up for consideration, the Presiding Officer of the Family Court made certain observations against the appellant, as stated in paragraph 7 of the Transfer Petition. The learned Single Judge called for a report from the Presiding Officer of the Family Court. Pursuant to that direction, the Presiding Officer submitted a report dated 03.09.2021. After considering the rival contentions, the learned Single Judge by the order dated 23.09.2021 dismissed Tr.P.(C)No.402 of 2021 with a cost of Rs.15,000/-and the appellant was directed to deposit cost before the Family Court, Ernakulam, within a period of two weeks from the date of the order, for payment to the respondents. Feeling aggrieved by the order dated 23.09.2021 of the learned Single Judge in Tr.P.(C).No.402 of 2021, the appellant is before this Court in this Transfer Appeal filed under Section 5 of the Kerala High Court Act, 1958.

2. On 21.10.2021, when this Transfer Appeal came up for admission, after hearing the arguments of learned counsel on both sides, this Court called for the records in O.P.No.2364 of 2017 pending before the Family Court, Ernakulam, including the memo filed by the Advocate Commissioner with the request to surrender warrant. The Presiding Officer of the Family Court has submitted a report dated 01.11.2021, wherein it is stated that, an Advocate Commissioner was appointed in I.A.No.2700 of 2021 filed by the appellant herein to call upon the Manager, State Bank of India, M.G. Road Branch, Ernakulam, to produce certain documents relating to the safe deposit locker in the joint name of the appellant and the 1st respondent. The appellant was directed to pay the Commissioner’s Batta and to file memo on 07.07.2021 and the case was posted to 12.07.2021 awaiting Commissioner’s report. The appellant failed to pay the Commissioner’s Batta and hence warrant could not be issued to the Commissioner. On 12.07.2021, I.A.No.2700 of 2021 was dismissed since the appellant failed to pay the Commissioner’s Batta.

3. Heard the learned counsel for the appellant and also the learned Senior Counsel for the respondents.

4. The learned counsel for the appellant would contend that the conduct of the Presiding Officer of the Family Court, Ernakulam, referred to in paragraphs 7 to 10 of the statement of facts of the Transfer Petition has created a fear in the mind of the appellant that the court below is prejudiced against the appellant. The conduct of the Presiding Officer in meeting the 1st respondent in Chamber, in the absence of the appellant, made the appellant to believe that something seriously prejudiced to the appellant dehors the merits of the case had happened. In the impugned order, while dismissing the Transfer Petition the learned Single Judge failed to appreciate the case of the appellant in the right perspective. The learned Single Judge traverse beyond the scope of a Transfer petition filed under Section 24 of the Code of Civil Procedure and entered an are