Ganesh Lal S/o Farsa Ram Soni v. Hema Soni W/o Ganesh Lal Soni D/o Shri Naval Kishore Soni
2018-07-13
ARUN BHANSALI
body2018
DigiLaw.ai
ORDER : 1. The present transfer petition has been filed by the petitioner, seeking transfer of proceedings pending at Family Court, Udaipur to Family Court, Jodhpur. 2. It is, inter-alia, indicated in the application that the respondent-wife has initiated proceedings under Section 13 of the Hindu Marriage Act, 1955 (‘the Act’) seeking dissolution of marriage, which is pending since the year 2013. The ground raised in the application pertains to the illness of the petitioner, that his application under Section 24 of the Act is not being considered by the Court at Udaipur, Court during the course of proceedings was using English language, which the petitioner cannot understand, the matter is not being adjourned at the request of the petitioner and his cross-examination has been closed. 3. Learned counsel for the respondent submitted that the matter is fixed before the Court at Udaipur for final hearing, however, the same is being got adjourned only on account of pendency of the present proceedings despite the fact that specific order was passed by this Court on 25.05.2018 indicating that there was no stay of proceedings before the Family Court in the present proceedings. 4. Learned counsel for the petitioner submitted that the matter deserves to be transferred on account of the ill health of the petitioner and the fact that several proceedings have been initiated by the respondent and her family members at Udaipur, wherein the petitioner is being harassed as and when he appears before the court at Udaipur. 5. Learned counsel for the respondent resisted the submissions made in this regard and submitted that the matter is pending consideration for over five years now and for one reason or the other, by making allegations against the Presiding Officers, the proceedings are sought to be adjourned. 6. Reference has been made to the fact that earlier also on account of conduct of the petitioner, a criminal contempt petition was registered against the petitioner, wherein the Division Bench of the Court declined to initiate the proceedings and that the matter is getting adjourned for apparently no valid reason. 7. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 8.
7. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 8. As already noticed herein-before, the petitioner has raised grounds pertaining to his illness, pendency of the application under Section 24 of the Act before the Family Court, the matter is not being adjourned by the Family Court and the fact that the Court was using English language in the proceedings. The grounds sought to be alleged in the application seeking transfer of the proceedings, are absolutely baseless and cannot be the basis for transfer of the proceedings from one Family Court to other Family Curt. The allegations are reckless and in case the orders have been passed closing the cross-examination, it was always open for the petitioner to question the validity of the said orders, which apparently has not been done by the petitioner. 9. The allegations sought to be made regarding bias are absolutely sketchy and bereft of any particulars. Merely because during the course of proceedings certain orders have been passed against the petitioner, cannot give rise to the allegations of bias, the same apparently have been made without any basis. 10. So far as the alleged illness of the petitioner is concerned, as the matter is listed for final hearing, there is apparently no reason to even take countenance of the said aspect of the matter, which even otherwise is not supported by any material available on record. In view of above discussion, there is no substance in the transfer petition, the same is, therefore, dismissed.