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
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.