AIR 1999 SC 1524 : (1998) 5 SCC 596 : JT 1998 (6) SC 638

(SUPREME COURT OF INDIA)

SHEHNAZ MUDBHATKAL Appellant
Versus

ARVIND RAMAKRISHNA AND ANOTHER Respondent

(Before : M. M. Punchhi, C.J.I., K. T. Thomas And D. P. Wadhwa, JJ.)
Petns. for Spl. Leave to Appeal (Civil) No. 5968 of 1998, Decided on : 15-05-1998.
Civil Procedure Code, 1908—Section 25—Transfer application—Matter
pending before Family Court—Certain unfounded allegations made against
Presiding Judge apprehending justice by petitioner—Family matters being
sensitive in character Judges of Family courts have to pay greater
participatory role—Objective of Act can only be achieved if rapport
between Judges and parties is established—Supreme Court left option to
transfer case with concerned Judge of Family Court.
Counsel for the Parties:
Petitioner in person; Ms. Smitha Inna, Syed Naqvi, Advocates, for M/s. Karanjawala and
Co., Advocate, for Respondents.
ORDER
1. This is a transfer application. The petitioner herein is the wife and the first
respondent, the husband. The cause between the parties initially was before the 4th
Family Court, Bandra, but at a point of time was transferred to the 7th Family Court.
Proceedings before the 7th Family Court remained stagnant because there was no
Presiding Judge. The position continues to be the same. The Principal Family Court
then transferred the case to the 4th Family Court. The petitioner has certain
grievances against the functioning of the 4th Family Court when the matter was
before it. Certain unfounded allegations have been made against the Presiding
Judge of that Court. The apprehensions of the petitioner that she will not get justice
there, are without any basis. All the same, since the family matters are sensitive in
character and the Judges of the Family courts have to play a greater participatory
role, that objective can only be achieved if a rapport is established by the Judges of
such Court with the parties concerned. In these circumstances, we leave it to the
Judge concerned whether he would prefer to keep hearing this matter or
recommended a transfer to another Family Court within the same jurisdiction. We
leave that option to the learned Judge. Having remarked thus, we dispose of this
special leave petition.