PRANJALI PRASANNA BINGI Vs. PRASANNA ANANTRAO BINGI

JUDGEMENT

(1.) Notice for final disposal was issued by this Court. Accordingly, the submissions of the parties were heard on the earlier date. The Petitioner-wife filed a Petition in the Family Court seeking a decree of divorce under Section 13(l)(ia)ofthe Hindu Marriage Act, 1955 (hereinafter referred to as "the said Act"). The decree was sought on the ground of cruelty. A Written Statement was filed by the Respondent-husband in which he made a counter-claim for passing a decree of divorce on the ground incorporated in Section 13(l)(i-a) as well as Section 13(l-A)(ii) of the said Act. An order was passed on 20th May, 2009 by the Learned Judge of the Family Court. The operative part of the order reads thus:

(2.) An application was made by the Petitioner-wife to the Learned Principal Judge, Family Court, for transfer of the Petition for divorce to any other Court. The said application for transfer was made on the basis of the observations made by the Learned Judge in the order dated 20th May, 2009. The application for transfer was rejected by the learned Principal Judge of the Family Court on the ground that the Learned Principal Judge has no authority to transfer a Petition. The Writ Petition No.7931 of 2009 has been filed for challengingthe order dated 24th July, 2009 by which the application for transfer was rejected and the Writ Petition No.7977 of 2009 has been preferred for challenging the order dated 20th May, 2009 by which the Petition was ordered to be fixed for passing a decree on admission. It must be noted here that an attempt was made by this Court to work out settlement by calling both the parties to chamber. However, the said attempt was unsuccessful.

(3.) The learned counsel appearing for the Petitioner in support of both the Petitions submitted that the Petitioner and the Respondent had sought divorce on the ground of cruelty on separate set of facts and therefore, Rule 6 or Order 12 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the said Code") has no application. The learned counsel appearing for the Petitioner submitted that in view of Section 23 of the said Act, without recording satisfaction that the ground for passing a decree of divorce exists, a Court dealing with a Petition for divorce cannot pass a decree of divorce. The submission of the learned counsel is that the order directing that the petition should be placed for passing a decree on admission is illegal and without jurisdiction. The learned counsel appearing for the Petitioner further submitted that the Learned Judge of the Family Court had jurisdiction to transfer a pending petition from one Court to another. She invited my attention to the order passed on 20th May, 2009. She submitted that there is a reasonable basis for the apprehension expressed by the Petitioner that she may not get justice from the Learned Judge of the Family Court before whom the Petition is pending.