- (1.) BY way of this transfer petition, the petitioner has sought transfer of divorce proceedings pending before the learned District Judge, Jhunjhunu (Shri Jagdish Lal Jat) In divorce petition No. 112/94 on the ground that during the pendency of the petition the respondent (wife) with a view to harass the applicant-petitioner (husband) lodged FIR No. 69/1999 dated 14. 6. 99 alleging therein certain incidents pertaining to the offence u/ss. 498a and 406 IPC against the petitioner and members of his family, that the petitioner under the circumstances moved an application seeking his anticipatory bail u/s. 438 Cr. P. C before the learned Sessions Judge, Jhunjhunu and that the daughter of said learned District Judge was married in District Jhunjhunu and therefore, he has relations in the Jat community in district Jhunjhunu and in view of this, influential persons of the community (Jat) are trying to influence the learned District Judge Shri Jagdish Lal.
(2.) IT has further been contended that in view of the extraneous influence of Shri Jagdish Lal, the bail application was kept pending for a long time and the applicant was again asked to enter into a compromise. The application which was filed on 18. 6. 99 was adjourned for about 20 times for arguments and in the meanwhile the learned Judge made extra efforts to make a compromise between the parties. Ultimately the bail application was disposed of on 6. 3. 2000. Shri Rajendra Prasad, the learned counsel appearing for the applicant-petitioner has again contended that since Shri Jagdish Lal, RHJS is an influential member of Jat community, the petitioner is not likely to get justice in his case. In my view, these are absolutely baseless and scandalous allegations, which have been made by the petitioner against an officer of the RHJS on the extraneous grounds as aforesaid. Under Section 24 of the CPC, on an application made by a party, who is seeking transfer or withdrawal of the proceedings pending before the trial court, the High Court is competent to issue notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court may at any stage, (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it. However, it is not necessary that merely on the asking of the aggrieved party, the Court should issue notice, if a petitioner wants transfer or withdrawal of the proceedings from one court subordinate to the High Court to another court of equally competent jurisdiction. Prima facie, each case has to be considered on its merits. There may be cases where a particular party in the garb of seeking transfer may adopt legal recourse which may tantamount to affect the dignity of the Court or undermining the institution itself. This is one of such glaring cases, where the petitioner has sought transfer of petition by making false aspersions on the District Judge on the ground that he belongs to `jat' community and he is likely to influence the opposite party and therefore, harassment has been caused to him.
(3.) BE that as it may, I am of the considered view that, if this practice is allowed to be continued, no member of the Rajasthan Higher Judicial Service will have the freedom to exercise judicial powers, rather the independence of judiciary will be in serious peril and the judiciary should not entertain such type of frivolous cases. As such, the petition deserves to be dismissed with exemplary costs. Since the petitioner on the basis of conjectures and surmise has drawn false aspersions on a member of the RHJS by filing the petition on caste basis in view of the allegations made in the petition, the petition is dismissed with exemplary cost of Rs. 5000/- (Rupees five thousand only), which is to be realised from the petitioner within four weeks from the date of this order and the same be deposited with the Rajasthan Legal Aid Board, Jaipur. .;