Transfer Application – At final stage – When a case is at its final stage, this Court will be extremely reluctant to order the transfer – rejected – The petitioner is permitted to move an application for re-opening of her evidence before the family Court.
When a case is at its final stage, this Court will be extremely reluctant to order the transfer, as it may derail the entire process.
14.But at the same time, two major grievances of the petitioner have to be addressed namely:(i)the expenses for her travel from Mumbai to Palanpur; and(ii)the evidence of her side getting rejected.It appears that the petitioner’s application for payment of travel allowance was rejected by the Family Court and the petitioner moved the High Court by way of a special leave application. The fate of the same is not known. Even the copy of the order dated 27.08.2018 passed by the Family Court rejecting the prayer for travel allowance is not enclosed. However, it does not bar this Court from passing appropriate orders in the interest of justice.
15.Similarly, the second issue can also be taken care of by permitting the petitioner to move an application for reopening the evidence on her side and directing the Court to allow the cross examination of the petitioner. Once these 2 issues are addressed,the case can be allowed to reach its logical end in the very same court.
16.Therefore in fine, the Transfer Petition is disposed of to the following effect:
(i)The prayer for transfer is rejected;
(ii)The petitioner is permitted to move an application for reopening of her evidence before the family Court. The application may be allowed to be filed on line if such a facility is available. Else, it may be permitted to be filed through counsel without the petitioner having to undertake a travel.The Family Court may take a lenient view on the said application and have the evidence on the side of the petitioner restored. Thereafter the case may be posted for the cross examination of the petitioner. For facilitating the cross examination of the petitioner by the counsel for the respondent husband, the Court may be granted a firm date.On the date so fixed, the petitioner shall appear before the Family Court. The respondent shall ensure that the cross examination of the petitioner is carried out without fail by the counsel for the respondent. No request for any adjournment on behalf of the respondent shall be allowed;
(iii)On all occasions except the date on which the petitioner is to be cross examined, the petitioner may be permitted by the Family Court to be represented by a counsel without being present. If Video Conferencing facility is available, the petitioner may be granted the said facility;
(iv)On every occasion when the family Court wants the physical presence of the petitioner, the respondent shall pay a sum of Rs.10,000/ to the petitioner, towards expenses for travel and stay. If the respondent fails to pay, the petitioner will be at liberty to approach this court.