Kerala High Court
Bindu K vs Sreekumar A.T on 18 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
Tr.P(C).No.478 OF 2020
AGAINST THE ORDER IN OP 167/2015 OF FAMILY COURT, TIRUR
PETITIONER/PETITIONER:
BINDU K.,
AGED 46 YEARS,
D/O.KRISNAN NAIR, VIJAYA NIVAS, KOALTHUPARABU,
KOTTAKKAL, OTHUKKUNGAL P.O.,
MALAPPURAM DISTRICT-676 528
BY ADVS.
SRI.NIRMAL. S
SMT.VEENA HARI
RESPONDENT/RESPONDENT:
SREEKUMAR A.T.,
AGED 55 YEARS, S/O.KUNHIRAMAN NAIR, SREELAKAM,
IRUVALLUR P.O., KOZHIKODE -673 616
R1 BY ADV. SRI.JAMSHEED HAFIZ
R1 BY ADV. SMT.K.K.NESNA
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, ALONG WITH Tr.P(C).479/2020, Tr.P(C).480/2020,
Tr.P(C).482/2020, Tr.P(Crl.).56/2020, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
Tr.P(C).No.479 OF 2020
AGAINST THE ORDER IN OP 536/2018 OF FAMILY COURT, TIRUR
PETITIONER/RESPONDENT:
BINDU K.,
AGED 46 YEARS,
D/O.KRISNAN NAIR, VIJAYA NIVAS, KOALTHUPARABU,
KOTTAKKAL, OTHUKKUNGAL P.O.,
MALAPPURAM DISTRICT-676 528
BY ADVS.
SRI.NIRMAL. S
SMT.VEENA HARI
RESPONDENT/PETITIONER:
SREEKUMAR A.T.
AGED 55 YEARS, S/O.KUNHIRAMAN NAIR, SREELAKAM,
IRUVALLUR P.O., KOZHIKODE -673 616
R1 BY ADV. SRI.JAMSHEED HAFIZ
R1 BY ADV. SMT.K.K.NESNA
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2021, ALONG WITH Tr.P(C).478/2020, Tr.P(C).480/2020,
Tr.P(C).482/2020, Tr.P(Crl.).56/2020, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
Tr.P(C).No.480 OF 2020
AGAINST THE ORDER IN OP 528/2016 OF FAMILY COURT, TIRUR
PETITIONER/PETITIONER:
BINDU K.
AGED 46 YEARS
D/O KRISHNAN NAIR,VIJAYA NIVAS,KOLATHUPARAMBU,
KOTTAKKAL,OTHUKKUNGAL.P.O,
MALAPPURAM DISTRICT-676528.
BY ADVS.
SRI.NIRMAL. S
SMT.VEENA HARI
RESPONDENTS/RESPNDENT & 1ST PETITIONER IN O.P.:
1 SREEKUMAR A.T.,
AGED 55 YEARS,
S/O KUNHIRAMAN NAIR,SREELAKAM,IRUVALLUR.P.O,
KOZHIKKODE DISTRICT-673616.
2 AMBUJAKSHI AMMA,
AGED 79 YEARS,
W/O KRISHNAN NAIR,'SREELAKAM',
IRUVALLUR.P.O, KOZHIKKODE DISTRICT-673616.
R1 BY ADV. SRI.JAMSHEED HAFIZ
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2021, ALONG WITH Tr.P(C).478/2020, Tr.P(C).479/2020,
Tr.P(C).482/2020, Tr.P(Crl.).56/2020, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
Tr.P(C).No.482 OF 2020
AGAINST THE ORDER IN OP 529/2016 OF FAMILY COURT, TIRUR
PETITIONERS/1ST & 3RD PETITIONOER IN O.P.:
1 BINDU K.,
AGED 46 YEARS,
D/O KRISHNAN NAIR,VIJAYA NIVAS,KOLATHUMPARAMBU,
KOTTAKKAL,OTHUKKUNGAL.P.O,
MALAPPURAM-676528.
2 VISHNU SREEKUMAR(MINOR),
AGED 9 YEARS,
REPRESENTED THROUGH GUARDIAN AND MOTHER,BINDU.K.
BY ADVS.
SRI.NIRMAL. S
SMT.VEENA HARI
RESPONDENTS/RESPONDENT & 2ND PETITIONER IN O.P.:
1 SREEKUMAR A.T.,
AGED 55 YEARS,
S/O KUNHIRAMAN NAIR,SREELAKAM,
IRUVALLUR.P.O, KOZHIKODE-673616.
2 AYNA SREEKUMAR,
AGED 20 YEARS
D/O.BINDU,VIJAYA NIVAS,
KOLATHUMPARAMBU,KOTTAKKAL,
OTHUKKUNGAL.P.O,MALAPPURAM-676528.
R1 BY ADV. SRI.JAMSHEED HAFIZ
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2021, ALONG WITH Tr.P(C).478/2020, Tr.P(C).479/2020,
Tr.P(C).480/2020, Tr.P(Crl.).56/2020, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
Tr.P(Crl.).No.56 OF 2020
AGAINST THE ORDER IN MC 292/2015 OF FAMILY COURT, TIRUR
PETITIONERS/1st & 3rd PETITIONERS IN M.C.:
BINDU.K,
AGED 39 YEARS,
D/O.KRISHNAN NAIR, VIJAYA NIVAS, KOLATHUMPARAMBU,
KOTTAKKAL, OTHUKKUNGAL P.O.,
MALAPPURAM DISTRICT-676 528
VISHNU SREEKUMAR (MINOR),
REPRESENTED THROUGH GUARDIAN AND MOTHER, BINDU.K
BY ADV. SRI.NIRMAL. S
RESPONDENTS/RESPONDENT & 2ND PETITIONER IN M.C.:
1 SREEKUMAR A T,
AGED 49 YEARS
S/O.KUNHIRAMAN NAIR, SREELAKAM, IRAVALLUR P O,
KOZHIKKODE DISTRICT-673 616
2 AYNA SREEKUMAR
AGED 20 YEARS
D/O.BINDU, VIJAYA NIVAS, KOLATHUMPARAMBU,
KOTTAKKAL, OTHUKKUNGAL P.O., MALAPPURAM DISTRICT-
676 528
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 18.03.2021, ALONG WITH Tr.P(C).478/2020,
Tr.P(C).479/2020, Tr.P(C).480/2020, Tr.P(C).482/2020, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
6
JUDGMENT
Dated this the 18th day of March 2021
The common petitioner in all these five matters is
the wife.
2. She seeks transfer of OP Nos. 167/2015,
536/2018, 528/2016, 529/2016 and M.C.No.292/2015 from
the files of Family Court, Tirur, to the Family
Court,Kozhikkode. Some of the said OPs were filed by
the petitioner, wife and some by her husband, who is
one of the respondents in these proceedings. The
common ground canvassed for transfer of the proceedings
from Family Court, Tirur, to Family Court, Kozhikkode,
is that she lost faith in the judicial officer who
presides over the Family Court, Tirur. She has
produced Annexure A2 notarized affidavit which contains
some of the questions alleged to have been put by
learned judicial officer to the petitioner while she
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
was undergoing examination as witness.
3. The contention of the petitioner is that, having
regard to the conduct of the judicial officer as a
whole, she bonafide apprehends that she will not get
justice.
4. After appearance of the respondents, this Court
called for specific remarks of the judicial officer
about the allegations made in Annexure A2. He
submitted a report in which he denied all the
allegations. He submitted that the questions put to
the witness and answered were recorded by the typist
under his dictation and the questions and answers
mentioned in Annexure A5 are not factually correct.
According to learned officer, he was eager to see that
trial was expeditiously completed, since some of the
OPs were oldest on the files of the Court.
5. Learned Counsel for the respondent submitted
that the transfer applications are the result of
tactics adopted by the petitioner for getting the cases
transferred from the Court below for no good reasons.
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
According to learned Counsel for the respondents, the
apprehension expressed by the petitioner that she will
not get justice is without any foundation.
6. I went through the materials placed on record
which included Annexure A2 and the report submitted by
the learned officer. Looking at the materials on
record, I find my way difficult to accept the
allegation that the learned Officer misconducted
himself in such a way as to cause apprehension in the
mind of the petitioner that she will not get justice.
However, in the interest of fair play and justice, this
Court has an obligation to ensure that the parties
before a Court of law get justice. Even though I am
satisfied that the apprehension expressed by the
petitioner has no basis, considering the fact that
transfer of proceedings from Family Court, Tirur, will
not anyway prejudice the respondents, I am inclined to
accept the request made by the petitioner for transfer
of the proceedings from the files of Family Court,
Tirur. The respondents are persons living within the
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
jurisdictional limits of Family Court, Kozhikkode.
7. Learned Counsel for the respondents submitted
that, he may not stand in the way of any of these
proceedings pending before the Family Court, Tirur
being transferred to Family Court, Malappuram. The
submission made by learned Counsel appears to be fair
and just. In order to ensure that justice is done, I
am of the opinion that the proceedings pending before
the Family Court, Tirur, shall be withdrawn and made
over to the Family Court, Malappuram. Learned Counsel
for the petitioner also did not object to such a course
proposed by this Court.
In the result, the Transfer Petitions Nos.478/2020,
479/2020, 480/2020, 482/2020 and 56/2020 are disposed
of as below:
The OPs Nos. 167/2015, 536/2018, 528/2016, 529/2016
and M.C.No.292/2015 are withdrawn from the Family
Court, Tirur, and are made over to the Family Court,
Malappuram. The transferee Family Court shall on
receipt of the records from the Family Court, Tirur,
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
shall fix an early date for appearance of parties and
issue notice to them without any delay.
Sd/-
T.V.ANILKUMAR
JUDGE
uu/19.03.2021
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
APPENDIX OF Tr.P(C) 478/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE O.P.NO.167/2015 BEFORE THE
FAMILY COURT, TIRUR
ANNEXURE A2 TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED
28/10/2020
ANNEXURE A3 TRUE COPY OF THE INTERIM ORDER DATED
10/11/2020 IN CRL.M.P.1/2020 IN
TR.P(CRL).56/2020
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
APPENDIX OF Tr.P(C) 479/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE O.P.NO.536/2018 DATED
30/7/2018, BEFORE THE FAMILY COURT, TIRUR
ANNEXURE A2 TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED
28/10/2020
ANNEXURE A3 TRUE COPY OF THE INTERIM ORDER DATED
10/11/2020 IN CRL.M.P.1/2020 IN
TR.P(CRL).56/2020
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
APPENDIX OF Tr.P(C) 480/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE O.P.NO.528/2016,BEFORE THE
FAMILY COURT,TIRUR.
ANNEXURE A2 TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED
28/10/2020.
ANNEXURE A3 TRUE COPY OF THE INTERIM ORDER DATED
10/11/2020 IN CRL.M.P.NO.1/2020 IN TR.P.
(CRL)NO.56/2020.
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
APPENDIX OF Tr.P(C) 482/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE O.P.NO.529/2016, DATD
27/01/2016 BEFORE THE FAMILY COURT,TIRUR
ANNEXURE A2 TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED
28/10/2020
ANNEXURE A3 TRUE COPY OF THE INTERIM ORDER DATED
10/11/2020 IN CRL.M.P.NO.1/2020 IN TR.P.
(CRL.)NO.56/2020.
Tr.P(C).Nos.478, 479, 480, 482 OF 2020
& Tr.P(Crl).No.56 of 2020
APPENDIX OF Tr.P(Crl.) 56/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE M.C.292/2015, BEFORE THE
FAMILY COURT TIRUR
ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN OPFC 677/2019
DATED 22/11/2019
ANNEXURE A3 TRUE COPY OF THE JUDGMENT IN WPC 38076/2016
DATED 29/11/2016
ANNEXURE A4 TRUE COPY OF THE JUDGMENT IN OPFC 146/2016
DATED 7/4/2016
ANNEXURE A5 TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED
28/10/2020
