Plea To Transfer Case To Another Court Must Be Based On Reason, Not Apprehension Of An Over Sensitive Mind: Delhi High Court

“While there is absolutely no doubt in the legal proposition that Justice must not only be done, but also appear to be done, and where a party has a reasonable doubt that such a party may not get justice in a particular Court, the same may be a ground to transfer the proceedings to another Court, at the same time, such apprehension must be founded on reason and should not be merely of an over sensitive mind.”

The plea, which was stated to be based on some marks allegedly made by the Family Judge in course of hearings, was rejected by Justice Navin Chawla considering the “vacillating stand of the petitioner” in prosecution of the proceedings before the Family Court.

Notably, the petitioner’s counsel had contended that the concerned Judge’s remarks had led to the formation of an opinion in the petitioner’s mind that she may not get justice from the said court. It was further argued that such apprehension may or may not be adequately founded in facts, but once the apprehension was expressed, court must transfer the matter.

To the contrary, the respondents’ counsel had urged that the petitioner was adopting dilatory tactics before the Family Court and any basis for apprehension was ill-found.

In its analysis, the court took note of the decision in R. Balakrishna Pillai v. State of Kerala, where the Supreme Court opined that a mere allegation of apprehension that justice will not be done was not sufficient. The apprehension ought to appear reasonable, genuine and justifiable to a court.

Observing that the petitions were another attempt by the petitioner to delay adjudication of the proceedings before the Family Court, Justice Chawla found no reason to transfer the matters to another court and dismissed the petitions.

Advocates Basab Sengupta & Nandini Sen appeared for petitioner

Advocate Gauri Gupta appeared for respondents

Case Title: Upinder Kaur Malhotra v. Capt Teghjeet Singh Malhotra and Anr, TR.P.(C.) 136/2023 (and connected matters)

Citation: 2023 LiveLaw (Del) 1180

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