Smt. Bina Rani vs Raj Kumar

N.C. Jain, J.—This is an application u/s 24 of the CPC for transfer of the case filed u/s 25 of the Hindu Marriage Act titled Raj Kumar v. Bina Rani which is pending in the court of the Additional District Judge, Rewari in which permanent alimony and maintenance has been sought from the wife.

Notice of the application was issued to the respondent who has chosen not to appear despite service.

Since the respondent-husband is a practicing lawyer at Rewari having more than 10 years'' standing, it would be apt that the matter filed by him be not heard by a court at Rewari. The learned Counsel for the petitioner wife has pointedly brought to the notice of this Court the decision of another transfer application rendered in C.M. No. 4388-CII of 1990 between the same parties. According to the decision in the afore-mentioned application, this Court had ordered the transfer of the case on the short ground that the respondent was a practicing lawyer. Although, it is not alleged in the petition that the respondent has tried to influence the administration of justice in any manner, yet the very fact that the respondent is an advocate, a reasonable apprehension can arise in the mind of the applicant-wife that she may not get fair and impartial trial from a court where the respondent-husband is practicing Consequently the application for transfer is allowed, the case filed before the Additional District Judge Rewari is ordered to be withdrawn and the same be placed before the District Judge Ambala, who will either keep it with him or transfer the same to another court of competent jurisdiction.

The petitioner is directed to appear before the District Judge, Ambala on 2.12.1991 who would pass necessary order after issuing notice to the respondent.