C24/31/2007 of SMT. SUDESH KUMARI Vs STATE AND ANOTHER

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Transfer Application No. 31 of 2007

Smt. Sudesh Kumari W/O Sri Rakesh Kumar Bhatia, R/O House No. 78, Arya Nagar, Jwalapur, District Haridwar.

…… Petitioner.

Versus

Family Judge, Family Court Haridwar and another.

… Respondents.

Sri Navneet Kaushik, learned counsel for the applicant. Sri Lalit Miglani, learned counsel for the respondent no.2.

Date June 24, 2008.

Hon’ble B.S.Verma, J.

Sri Navneet Kaushik, learned counsel for the applicant and Sri Lalit Miglani, learned counsel for the respondent no.2.

This is an application under Section 24 of the Code of Civil Procedure for transfer of O.S.No. 57 of 2002, Rakesh Kumar Bhatia Vs. Sudesh Bhatia pending in the court of Judge Family Court, Haridwar to any other Family Court in the State of Uttarakhand.

The transfer application has been moved with the sole ground of complete loss of confidence in the court of respondent no.1 due to the harassment meted out to the petitioner continuously by respondent no. 2 and the over confident attitude of respondent no.2 who used to state that he will get the case decided in his favour from respondent no.1 due to his proximity from respondent no.1.

Comments were called for from the Presiding Officer concerned.

From perusal of the comments filed by the Presiding Officer, it is obvious that the applicant herself used to take frequent adjournments in the case. The case under Section 13 (1) of the Hindu Marriage Act pending between the parties was fixed for evidence of the applicant (respondent in the case before the court below) on 17-4-2006, but the applicant did not lead her evidence on three consecutive dates fixed in the case and on 18-12-2006 on the application for adjournment last opportunity was given to the applicant fixing 4-1-2007. Again on 4-1-2007, adjournment was sought for by the applicant. The court imposed cost of Rs. 200/- while granting the adjournment and fixed 2-2-2007 in the case.

Even thereafter on number of dates fixed by the Court, the applicant used to seek adjournment on one pretext or the other and it was only on 17-5-2007 that the applicant filed her affidavit in evidence.

Now, the learned counsel for the parties have informed the Court that the case under Section 13(1) of the Hindu Marriage Act is fixed for arguments and both the parties have already closed their evidence.

The ground taken in the application has not been substantiated by any iota of evidence, therefore, no case for transfer of case has been made out. The application for transfer is liable to be rejected outright in view of the comments received from the Presiding Officer.

The application is dismissed. No order as to costs.

( B.S.Verma, J. )