2022 Supreme(Mad) 3636
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SOUNTHAR, J.
G. Rajasekhar - Appellant
Versus
B. Keerthi - Respondent
C.R.P.(PD) No. 2373 of 2022
Decided On : 12-09-2022
For the Petitioner:P.V. Sanjeev, Advocate. For the Respondent:A. Palaniappan, Advocate.
Vague allegations of insult by the presiding officer without specific details are not sufficient to warrant a transfer. The power of the presiding officer to put questions to witnesses is recognized under Section 165 of the Evidence Act.
Headnote:
Transfer - Hindu Marriage Act - Section 13(1)(ia)(ib) and (iii) - Section 165 of Evidence Act
Fact of the Case:
The wife filed a transfer application seeking to move the divorce case from the 3rd Additional Family Court to another court, alleging bias and insult by the presiding officer. The Principal Family Court allowed the transfer, prompting the husband to file a Civil Revision Petition.
Finding of the Court:
The court found that the allegations of insult and bias were vague and unsubstantiated. It noted that the wife had previously filed a similar transfer application on the same grounds. The court concluded that the transfer was not justified and set aside the order.
Issues: Allegations of bias and insult by the presiding officer, transfer of the divorce case
Ratio Decidendi: The court emphasized that vague allegations without specific details of insult by the presiding officer were not sufficient to warrant a transfer. It also highlighted the power of the presiding officer to put questions to witnesses under Section 165 of the Evidence Act.
Final Decision: The Civil Revision Petition was allowed, and the order for transfer was set aside.
JUDGMENT
(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order dated 05.07.2022 made in Tr.O.P.No.1509 of 2022 on the file of Principal Family Court, Chennai.)
1. This Revision is filed challenging the order passed in
Tr.O.P.No.1509 of 2022, on the file of Principal Family Court, Chennai, dated
05.07.2022, transferring O.P.No.2257 of 2017, pending on the file of 3rd
Additional Family Court, Chennai.
2. The revision petitioner/husband filed a petition for divorce on
the ground of cruelty and desertion and intermittent mental disorder under
Section 13(1) (ia)(ib) and (iii) of Hindu Marriage Act, 1955. Originally, the
divorce petition in O.P.No.2257 of 2017 was pending on the file of 7th
Additional Family Court, Chennai. The respondent/wife filed Tr.O.P.No.47 of
2019, on the file of Principal Family Court, Chennai for transfer of the case
from the file of 7th Additional Family Court, Chennai, on the ground of
allegations of bias against Presiding Officer and also allegation of insult by
Presiding Officer of 7th Additional Family Court, Chennai. Thereafter, on
request made by the 7th Additional Family Court in O.P.No.2257 of 2017 was
withdrawn from the file of 7th Additional Family Court and transferred to 3rd
Additional Family Court, Chennai.
3. Thereafter, the respondent/wife filed Tr.O.P.No.1509 of 2022
on the file of Principal Family Court, Chennai, seeking transfer of O.P.No.2257
of 2017 again from the file of 3rd Additional Family Court to any other Family
Court. The respondent/wife sought for transfer on the ground, she had
suffered a lot in hearing of the matter, as the learned 3rd Additional Family
Court Judge, insulted the respondent/wife and supported the petitioner and his
lawyer during proceeding. It was also submitted that the evidence was already
closed and when the matter was posted for arguments on 08.04.2022, she filed
an application for reopening of the case and recall of witness and the same was
returned by the learned Judge by way of non speaking order.
4. The learned Principal Family Court Judge, while considering
the application filed by the respondent alleging that the learned Judge insulted
her at the time of hearing, on perusal of records, found that the learned 3rd
Additional Family Court Judge had given sufficient opportunity to the
respondent and passed orders. However, the learned Judge observed that in
view of the allegation that Presiding Officer insulted the respondent, in the
interest of justice, the transfer application needs to be allowed. Aggrieved by
the same, the petitioner/husband has come up with this Civil Revision Petition.
5. The learned counsel for the petitioner submitted that though the
respondent in her transfer application alleged that she was insulted by the
Presiding Officer, she failed to substantiate the same by any acceptable
evidence. The learned counsel also submitted that earlier the respondent sought
for transfer from the file of 7th Additional Family Court, Chennai on similar
allegation and at the request of the Presiding Officer himself the matter was
transferred to 3rd Additional Family Court. It was submitted by the learned
counsel for the petitioner that the respondent is in the habit of making
unsubstantiated allegations against the Presiding Officer and dragging on the
matter. Therefore, he sought for allowing of revision by setting aside the
transfer order passed by the Principal Family Court Judge, Chennai.
6. Per contra, the learned counsel for the respondent by drawing
the attention of this Court, to the evidence of RW.4 recorded on 29.06.2022
submitted that the learned Judge himself put certain questions to the
respondent's witness RW.4 and the said action of learned Judge proves that he
was biased.
7. I have considered the arguments of the learned counsel for the
petitioner and learned counsel for the respondent and also typed set of papers
filed by the petitioner and respondent.
8. Though the respondent in her affidavit alleged that the petition
filed by h