Case Note & Summary
The petitioner, Sapana Shekhar Pokale, wife, filed a writ petition under Article 227 of the Constitution challenging an order dated 10th April 2017 passed by the learned Principal Judge, Family Court at Pune, which allowed an application filed by the respondent husband under Section 24 of the Code of Civil Procedure, 1908 (CPC) for transfer of matrimonial proceedings (P.A. No.1042/2014) from Family Court No.5 to Family Court No.1 at Pune. The husband had filed Civil Miscellaneous Application No.14 of 2017 on 25th January 2017, alleging that the Presiding Officer of Family Court No.5 had passed orders prejudicial to his interest, including directing him to provide rented accommodation to the wife at Loni Kalbhor when he had already arranged accommodation at Sinhgad Road, causing him a loss of Rs.1,10,000/- in rent deposits, and directing him to pay Rs.1,05,000/- as rent arrears. The husband contended that these orders were passed in favour of the wife without considering his income, and he had lost faith in the Presiding Officer. The Family Court allowed the transfer application. The wife challenged this order in the High Court. The High Court examined the grounds for transfer under Section 24 CPC and held that mere dissatisfaction with orders passed by a court is not a valid ground for transfer. The party seeking transfer must demonstrate a reasonable apprehension of bias based on credible material, not mere allegations. The husband's application was not bona fide and appeared to be an attempt to avoid an inconvenient court. The orders complained of were judicial orders subject to appeal, and the husband had not shown any credible evidence of bias. The High Court set aside the impugned order and dismissed the husband's transfer application, restoring the proceedings to Family Court No.5.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 Code of Civil Procedure, 1908 - Grounds for Transfer - The Family Court allowed the husband's application for transfer of matrimonial proceedings from Family Court No.5 to Family Court No.1 at Pune on the ground that the Presiding Officer had passed orders prejudicial to his interest. The High Court held that mere dissatisfaction with orders passed by a court is not a valid ground for transfer under Section 24 CPC. The party seeking transfer must demonstrate a reasonable apprehension of bias based on credible material, not mere allegations. The transfer application was not bona fide and was an attempt to avoid an inconvenient court. The impugned order was set aside. (Paras 2-10) B) Family Law - Matrimonial Disputes - Transfer of Proceedings - Section 24 CPC - Apprehension of Bias - The husband alleged that the Presiding Officer of Family Court No.5 had passed orders directing him to provide rented accommodation and pay arrears of rent, causing him financial loss. The High Court held that such orders, even if erroneous, are subject to appeal and cannot be a ground for transfer. The husband's lack of faith was not supported by any credible evidence of bias. The transfer was not in the interest of justice. (Paras 3-9)
Issue of Consideration
Whether the Family Court was justified in allowing the husband's application under Section 24 of the Code of Civil Procedure, 1908 for transfer of matrimonial proceedings from Family Court No.5 to Family Court No.1 at Pune on the ground of lack of faith and alleged prejudicial orders.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 10th April 2017 passed by the learned Principal Judge, Family Court at Pune, and dismissed the husband's application under Section 24 CPC for transfer of proceedings. The matrimonial petition was restored to Family Court No.5 for disposal in accordance with law.
Law Points
- Transfer of proceedings under Section 24 CPC cannot be granted on the ground of mere dissatisfaction with orders passed by the court
- apprehension of bias must be supported by credible material
- transfer application must be bona fide and not an attempt to avoid an inconvenient court
