Allegations of bias must be substantiated by evidence, and expeditious disposal of cases is essential for speedy justice.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Shri J. Sharma, learned counsel for the petitioner. Also heard Shri R.K. Bhuyan, learned counsel for the respondent.

2. The present three applications have been filed under Section 24 of the Code of Civil Procedure for transfer of three cases pending in the Court of Principal Judge, Family Court No. 1, Kamrup (M), Guwahati. The petitioner herein is the wife of the respondent-husband.

3. A brief details of the cases is given as follows:

(i) Tr.P.(C)/60/2023 relates to Misc.(G) Case No. 184/2019 pertaining to guardianship filed by the husband.

(ii) Tr.P.(C)/61/2023 pertains to F.C.(Civil) No. 407/2022 which has arisen from a petition filed by the petitioner wife under Section 13 of the Hindu Marriage Act for divorce.

(iii) Tr.P.(C)/62/2023 pertains to F.C.(Civil) No. 1121/2019 pertaining to a petition filed by the husband for restitution of conjugal rights.

4. The primary ground of filing these transfer petitions is on the apprehension of bias towards the petitioner by the learned Court below. To demonstrate such apprehension, Shri Sharma, learned counsel for the petitioner has drawn the attention of this Court to the averments made in paragraphs 8/9 of the petitions. In the said paragraph(s), it has been stated that some unnecessary comments were made when an application for adjournment was submitted by the petitioner on 15.07.2023. The comment has been submitted to have been made to her counsel that “she always in a habit of going outside. Ask your client to go to Brahamputra to wash hands and come to court with clean hands etc”.

5. It is further submitted that nevertheless, the prayer for adjournment made by the petitioner wife was granted and the matter was accordingly fixed on 18.07.2023. Shri Sharma, learned counsel for the petitioner however submits that since these petitions were filed on 18.07.2023 his client or her advocate did not appear before the learned Court on the said date, i.e. 18.07.2023.

6. Shri Sharma, the learned counsel has also raised the issue that very short dates are being fixed in these cases unlike other cases, which raises suspicion on the conduct of the learned Presiding Officer of the Court below. It has also been stated that the Presiding Officer would be retiring on 31.07.2023 and therefore undue haste has been shown in these cases. He accordingly submits that an order be passed transferring the three cases to any other Court having jurisdiction or in the alternative, to pass an order deferring the matters to a date after 31.07.2023 when the same can be taken up by the successor in the Office of the present Presiding Officer.

7. Per contra, Shri Bhuyan, learned counsel for the respondent has submitted that the facts projected by the petitioner are not at all correct. By dealing with the grounds which have been projected in support of the transfer petitions, Shri Bhuyan, the learned counsel submits that the grounds are absolutely frivolous and mere figments of imagination. He categorically disputes that any unnecessary comments were made by the Presiding Officer during the proceedings. He submits that to the contrary, the petitioner has been negligent in conducting the cases as a result of which the cases have been prolonging for a long period of time.

8. The learned counsel for the respondent has also placed before this Court a copy of an order dated 19.09.2022 passed by this Court in CRP(IO)/108/2022 which had to be instituted by his client under peculiar circumstances when the wife was allowed to contest the case without vacating an ex-parte interim order. He submits that though the aforesaid CRP was withdrawn, certain observations were made by this Court which are relevant in the adjudication of the present cases.

9. This Court in the said order dated 19.09.2022 has made the following observations:

“Taking into account the said submission, the instant petition stands dismissed on withdrawal. It is however, observed that as the matter pertains to the year 2019 and