Mumbai :- A Transfer Application filed in a Domestic Violence case decided by the Additional Metropolitan Magistrate Smt. S. T. Dande wherein the Learned Magistrate passed an order rejecting the application made by the Original Respondents seeking transfer of their case to another court on the ground of apprehension.
The Court further held “There is no incident to come to the conclusion that Applicants will not get fair trial or fair justice from the concerned court. It is settled position of law that proceedings cannot be transferred from one court to another on mere apprehension. The Applicants have failed to make out positive, concrete case to show that their apprehension is reasonable. If on basis of false allegation, matter is transferred, it will affect the morale of Presiding Officer.”
The Respondent’s Advocate, Manish Gala relied upon various judgments of the Bombay High Court wherein it has been clearly laid down law that if on basis of allegations matters are transferred, the same will affect the morale of the presiding officer.
The Transfer Application was made on the grounds that the concerned Magistrate is taking personal interest in the matter, however in the Order of Transfer Application it was shown to the Court that the concerned Magistrate was deciding all other Domestic Violence Matters promptly.
The Respondent’s Advocate relied on –
I. Usmangani Adambhai Vahora Vs. State of Gujarat & Anr
II. Ramesh. G. Rege Vs. Anjali R. Rege
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