PADMJA SHARMA Vs. RATAN LAL SHARMA

JUDGEMENT

(1.) THIS is an application for withdrawing the case from the Court of Judge, Family Court, Jaipur and the prayer is that it should be decided by the High Court on its original jurisdiction.

(2.) THE brief facts are that the petitioner and the respondent were married in 1982 and have two children but as the marriage did not work the petitioner filed a divorce petition which is pending before the Family Court, Jaipur. In the year 1991 this petition was transferred to the Family Court, Ajmer for speedy and expeditious disposal. The ground for seeking transfer from Jaipur was that the respondent had tampered with the witnesses but the learned Judge, Family Court Jaipur did not take any action against the respondent. However, the case proceeded for some time at Ajmer but when the Judge, Family Court. Jaipur was transferred, the case was also transferred is Jaipur. Now, the petitioner is dissatisfied with the conduct of the Judge, Family Court, Jaipur on the ground that the Judge did not make any attempt to bring about reconciliation but coerced the petitioner to yield to the suggestions of the respondent for a consent decree of divorce, foregoing all of her claims to dowry articles and maintenance of her children She was also threatened that she would have to suffer life long with jerks and jolts of misery and grief for the refusal to yield to such suggestions. According to her, after the rejection of her application for framing of an issue in total disregard and respect of the directions of the High Court, (This is subject matter of a writ petition No. 7461/1992 which is also being disposed today and it may be stated that the order of the learned Judge, Family Court has been upheld) it is alleged that the petitioner wanted to file certain documents but they were not accept and mentioned of all particulars in the statements or proceedings. Filing of writ petition also infuriated the Judge Family Court. Other allegations are also mentioned.

(3.) THERE is no justification in taking the case for trial before this Court but a direction is issued to the Judge, Family Court, Jaipur to decide the dispute without being prejudiced on account of the fact that the parties have not been able to arrive at a settlement. With these observations the petition is dismissed.