AARTI SAHU Vs. ANKIT SAHU

JUDGEMENT

(1.) This is an application filed under Section 24 of the Code of Civil Procedure, 1908 (CPC) for transfer of RCSHM Case No.153/2019 filed under Section 13 of the Hindu Marriage Act from Family Court, Sagar to the Court of District & Sessions Judge, Sagar.

(2.) Shri Sourabh Singh, learned counsel for the applicant submits that in the manner the Family Court is proceeding in the matter, the applicant has no faith in the said Court. The matter may either be transferred to the Court of District & Sessions Judge, Sagar or Family Court, Damoh.

(3.) In order to point out the alleged impropriety on the part of the Family Court, Shri Singh urged that on 15.7.2019, the notices were issued by the Family Court on the application filed by the other side under Section 13 of the Hindu Marriage Act, 1955. The present applicant appeared before the Family Court on 08.08.2019. Thereafter, the Family Court is proceeding on day to day basis which is arbitrary and is against the interest of applicant. In last five months, 13 hearings have taken place before the Family Court. It is further urged that the applicant preferred a complaint before Registrar(Vigilance) of this Court raising allegations about the improper interest shown by the Court in the instant case. Shri Singh further urged that in many other cases pending before the Family Court for more than one year, no such interest was shown by the Family Court but the extra-ordinary interest shown in the instant case became the reason to approach this Court. Lastly, it is urged that if matter is not transferred from Family Court, non-applicant will get an order any how which will be travesty of justice.