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Judgments of Supreme Court of India and High Courts

Smt. Farha Khan vs Irfan Ur Rahim Khan 9 Wpc/141/2019 … on 21 January, 2019

1

HIGH COURT OF CHHATTISGARH, BILASPUR

TPC No. 3 of 2019

 Smt. Farha Khan D/o Late Anish Hassan Khan Aged About 42 Years R/o Jatiya
Talab, Om Nagar, Jarhabhata, Bilaspur, Present Address – Flat No. 203, 2nd
Floor, C.K. Heights Chadda Badi, Nehru Nagar, Bilaspur, Tahsil And District –
Bilaspur Chhattisgarh

—- Petitioner

Versus

 Irfan Ur Rahim Khan S/o Anwar Ur Rahim Aged About 54 Years R/o E-1, Nutan
Colony, Sarkanda, Bilaspur District – Bilaspur Chhattisgarh

—- Respondent

For Petitioner : Ms. Indira Tripathi, Advocate

For Respondent : Ms. Hamida Siddiqui, Advocate

Hon’ble Shri Justice Goutam Bhaduri

Order On Board

21/01/2019

1. Heard.

2. The present petition is against the order dated 11.12.2018, whereby an

application which was moved under Section 24 of the CPC, supported by an

affidavit, by the petitioner herein, seeking transfer of an application under

Section 7 of the Guardian and Wards Act, 1890, the said petition is pending

before the Court below since 2017.

3. It is contended that the manner in which the case was being conducted by the

Court, it gives an impression to the petitioner that she may not get the justice
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and proper opportunity of hearing. As such a prayer was made to transfer the

case to another Family Court, however, the same was refused on the ground

that the time limit was fixed by this Court in CONT No.649/2018 to decide the

case within a period of thee months from 30.10.2018. It is contended that if

case is transferred the petitioner shall appear before different Court and may

make her submission.

4. Perusal of the entire documents filed by the petitioner would show that the

series of orders were passed at different points of time, wherein directions were

given for the custody of the child to either of the parties i.e. the Father Mother

including periodical in nature. In the meanwhile, since the issue of custody and

the allegations aggravated, as such considering the same, this Court by order

dated 30.10.2018 in CONT No.649/2018 had directed the trial Court to

adjudicate the main case of custody of the child within a period of three months

from the date of receipt of this order. Thereafter, as has been submitted that

the evidence of the father Irfan Ur Rahim Khan has already been closed and

the respondent has adduced certain evidence during such time when the case

was being heard from day to day and an application under Section 24 CPC,

supported with an affidavit, was filed to transfer the case to the other Family

Court on the ground of apprehension that the petitioner may not get a fair

adjudication as the Court is biased.

5. Perused the orders of the Court. This Court is not influenced by the submission

made by the petitioner. It is under the order of this Court, the trail Court was

expediting the trial, therefore, any prejudice or allegation at threshold if
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accepted would be unfair. The nature of allegations would lead to ponder upon

that justice not only be done but seems to be done. Considering the nature of

allegation as has been made, in the interest of the justice to insulate the Court

too, this Court thinks that no prejudice would be caused if the case is

transferred to the other Family Court. Under the circumstances, without any

observation on the conduct of the Court below, considering the nature issue,

which is generated, it is directed that the case pending before the Principal

Family Court, Bilaspur shall stand transferred to the other Family Court. It is

further made clear that three months time which was granted by this Court vide

order dated 30.10.2018 in CONT No.649/2018 shall not be further extended

and without any observation the order is passed accordingly.

6. With such observation, the petition is disposed of.

Sd/-

Goutam Bhaduri
Judge
Ashu

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