JANAK DINKARBHAI DOSHI Vs. RUPALBEN JANAKBHAI DOSHI

JUDGEMENT

(1.) THE present petition is filed by one Janakbhai Dinkarbhai Doshi - husband of respondent no. 1 Rupalben Janakbhai Doshi and father of respondent no. 2 minor baby named Dhruvi, represented through Rupalben Janakbhai Doshi praying that:

(2.) HEARD , learned Advocate Mr. JT Trivedi for the applicant, Mr. Pranav Raval for respondent nos. 1 and 2, and learned Additional Public Prosecutor Mr. DG Vyas for the respondent no. 3 State.

(3.) THE learned Advocate for the petitioner wanted to make capital out of this phrase, 'on one pretext or the other'. He submitted that the use of this phrase, 'on one pretext or the other', shows the bias mind of the learned Principal Judge. He submitted that, before using such a phrase, the Principal Judge ought to have taken care of scanning the entire record of the matter and should have taken note of the fact that it was only on 28th April 2009 that the petitioner had applied for adjournment for the first time and it was for the second time on 14th May 2009, he had applied for adjournment on the ground of backache and that application was supported by Medical Certificate. He submitted that, to say that, 'the Medical Certificate was not true', also suggests that the Principal Judge was bias against the petitioner and therefore, the petitioner is having 'reasonable apprehension' that he will not be able to get justice at the hands of Principal Judge and therefore, this matter is required to be transferred from this Court to the Court of another learned Judge of the Family Court at Rajkot.