ANUJ KUMAR Vs. KSHAMA

JUDGEMENT

(1.) This transfer application, under Sec. 24 of the Code of Civil Procedure, has been instituted by Anuj Kumar, seeking transfer of Matrimonial Case no.589 of 2017, Kshama vs. Anuj Kumar, under Sec. 12 of the Hindu Marriage Act from the Additional Principal Judge, Family Court, Gautam Budh Nagar to any nearby district.

(2.) Heard Mr. Prakhar Srivastava, learned Counsel for the applicant and Mr. Abhishek Gupta, learned Counsel appearing on behalf of the opposite party.

(3.) A perusal of the grounds of transfer does not indicate that it is, in fact, a case for an inter-district transfer on grounds such as convenience of parties or other germane grounds to move the case out of the district. The transfer has been sought primarily on the ground that doubt the impartiality of the Judge. The reason, the applicant does not expect the Judge to decide fairly, is an inference drawn by the applicant from certain events in the course of proceedings. It is asserted in the affidavit that the applicant, who is a respondent to the petition for grant of a decree of nullity, made an application under Order VII Rule 11 CPC asking the Court to reject the petition. The ground urged in the application under Order VII Rule 11 CPC is that the petition for a decree of nullity is ex facie barred by the statutory limitation inasmuch as a period of one year has elapsed between the date of marriage and presentation of the petition. The said application was rejected by the Trial Judge vide order dtd. 17/3/2021, which the applicant says the Judge has done wrongly and illegally.