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Plea To Transfer Case To Another Court Must Be Based On Reason, Not Apprehension Of An Over Sensitive Mind: Delhi High Court Debby Jain .

Title : UPINDER KAUR MALHOTRA v. CAPT TEGHJEET SINGH MALHOTRA AND ANR

CORAM : HON’BLE MR. JUSTICE NAVIN CHAWLA

Case No. : CM APPL. 44415/2023

Decided on : 22.11.2023

Introduction

Petitions have been filed seeking transfer of HMA No. 596/2019, titled as Upinder Kaur Malhotra v. Capt. Teghjeet Singh Malhotra & Another; HAMA No. 06/2019, titled as Mrs.Upinder Kaur Malhotra v. Capt. Teghjeet Singh Malhotra; and HMA No. 211/2019, titled as Sqn. Ldr. Teghjeet Singh Malhotra v. Upinder Kaur Malhotra, from the Court of the learned Family Judge, Patiala House Courts, New Delhi (hereinafter referred to as the ‘Family Court’) to any other Court of appropriate and competent jurisdiction.

Fact of the Case

The transfer of the above petitions is sought on account of some alleged remarks having been made by the learned Judge in the course of the hearing on 08.12.2022 and 01.03.2023. The learned counsel for the petitioner submits that these remarks have led to formation of an opinion of the petitioner that she may not be able to get justice from the said court.

Placing reliance on the judgment of the King’s Bench Division in The King v. Sussex Justices, (1924) 1 KB 256, the learned counsel for the petitioner submits that Justice must not only be done, but must also appear to be done. He submits that considering the remarks that have been made against her counsel, the petitioner has a reasonable apprehension in mind that she would not get justice in the Court where the above proceedings are pending.

Case Analysis and Judgment

n the present petitions, the order dated 06.07.2023 passed by the learned Family Court reflects the vacillating stand of the petitioner in the prosecution of the proceedings that are pending before the learned Family Court. It appears that the present set of petitions is also another attempt of the petitioner to somehow delay the adjudication of those proceedings. I, therefore, see no reason to transfer the above referred proceedings pending adjudication before the learned Family Court to another Court. In view of the above, the petitions and the pending applications are dismissed.

https://www.livelaw.in/pdf_upload/upinder-kaur-506628.pd

Delhi High Court on the Petitioner’s conduct by giving a wrong statement in the writ petition.

Title : MS. SABIHA PARVEEN v. GOVERNMENT OF NCT OF DELHI & ORS

Decided on : 03.11.2023.

Case No. : W.P.(C) 11646/2023

CORAM : HON’BLE MR. JUSTICE TUSHAR RAO GEDELA

Introduction

The Petitioner before this Court has filed the present petition under Article 226 of the Constitution of India as a Public Interest Litigation (“PIL”) seeking for the relief. That the petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for any other person/ institution/ body/ and that there W.P.(C.) No.11646/2023 Page 3 of 11 is no motive other than of Public Interest in filling the writ petition.

Fact of the Case

The Respondent , who has been impleaded as a Respondent later and who is the owner of the property in question had preferred an application initially for intervention which has been allowed. In the intervention application, it has been stated on affidavit that the Petitioner is having a family dispute with Respondent No.5 and the Petitioner has been demanding 25 lakhs from Respondent No.5. The Petitioner and Respondent No.5/ applicant are first cousins. The Petitioner is the daughter of the Applicant’s father’s sister, i.e., the Applicant’s bua and the Applicant’s W.P.(C.) No.11646/2023 Page 4 of 11 father is the Petitioner’s maternal uncle, i.e., mama. All these facts were suppressed while filing the writ petition.

The Respondent No.5, prior to filing of the writ petition on 10.05.2023 had lodged a police complaint against the Petitioner in respect of extortion, threat, etc. and as no action was taken in respect of the complaint lodged, he approached the Hon’ble Lieutenant Governor on 23.05.2023.

Case Analysis and Judgment

The Petitioner’s conduct by giving a wrong statement in the writ petition duly supported by an affidavit amounts to committing contempt of Court, however as the Petitioner is a lady, we are refraining ourselves from proceeding against the Petitioner as cost has already been imposed. The Petitioner is warned to be careful in future, and not to file such frivolous petitions again by suppressing material facts.

The petition stands disposed of in the aforesaid terms.

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Written  by Nimisha Sunny