Shanavas v. Shifa
Case brief
What is this about?
The Court disposed of a transfer petition filed challenging the Family Court at Kottarakkara. The sole ground alleged apprehension of bias due to the respondent's alleged kinship with a Judge in Kollam District. The Court rejected the allegation as frivolous and dismissed the petition.
What did the court decide?
The transfer petition was dismissed with no order as to costs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
TR.P(C) NO. 54 OF 2024
AGAINST THE ORDER/JUDGMENT IN OP NO.679 OF 2015 OF FAMILY COURT, KOTTARAKKARA
PETITIONER/RESPONDENT:
SHANAVAS AGED 46 YEARS S/O.MUHAMMAD KUNJU, THENGUVILA, KANYAKULANGARA, THEKKADA VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695615
BY ADV V.S.MANSOOR
RESPONDENT/PETITIONER:
SHIFA AGED 44 YEARS, D/O.ABDUL SALAM, THENGILAZHIKATHU VEEDU, VILLUMALA, CHEMBANAVIKAM,KULATOOPUZHA, KOLLAM DISTRICT, PIN – 691310
Issues for consideration
3 issues framed by the court
Whether transfer of O.P.No.679/2015 from Family Court, Kottarakkara is warranted on grounds of apprehended bias.
Whether the allegation that the respondent is a relative of a Kollam District Judge raises a reasonable apprehension of bias.
Whether the transfer petition discloses any real ground for moving the case to another jurisdiction.
Parties & counsel
- petitioner
SHANAVAS
- respondent
SHIFA
Coram
KAUSER EDAPPAGATH
Case details
As recorded by the court registry
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