Lovish Goel vs Yasha Agarwal

Vipin Sanghi, CJ

1) The petitioner has preferred the present transfer application, under Section 24 of the Code of Civil Procedure, to seek transfer of the case No. M124 of 2020, Lovish Goel Vs Yasha Agarwal, under Section 340 Cr.P.C., from the court of learned Additional Family Judge, Roorkee, District Haridwar to any other court, except the courts at Haridwar, or to any other court having jurisdiction of similar nature.

2) The petitioner has preferred a divorce petition against the respondent under Section 13 of the Hindu Marriage Act. After the respondent filed her written statement, the petitioner has preferred the aforesaid application under Section 340 Cr.P.C.

3) The ground on which the petitioner is seeking transfer is that the learned Judge, Family Court, Roorkee is pressurizing him to withdraw the said application under Section 340 Cr.P.C. In response to a query by the Court, learned counsel for the petitioner states that there is no order passed by the Family Court on the said application, one way or another, and there is nothing on record to indicate that the learned Judge, Family Court, Roorkee is verbally pressurizing the petitioner to withdraw the said application under Section 340 Cr.P.C.

4) I am not satisfied with the ground taken by the petitioner to seek transfer of the said application under Section 340 Cr.P.C. to any other court. There is no reason for this Court to doubt that the learned Judge, Family Court, Roorkee shall deal with the matter, including the application under Section 340 Cr.P.C, preferred by the petitioner, on its own merits, and that the learned Judge, Family Court, Roorkee shall pass a reasoned order, as and when the said application is taken up for hearing.

5) This application is, accordingly, dismissed.