KANCHANA M SHEKHAR vs AVINASH SHEKHAR

Judgment text excerpt

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21st April, 2025 + CM(M) 3748/2024 & CM APPL. 63932/2024 KANCHANA M SHEKHAR .....Petitioner Through: Mr. Prashant Mendiratta with Ms. Veenu Singh, Advocates. versus AVINASH SHEKHAR .....Respondent Through: Ms. Ritu Singh Mann, Mr. Dheeraj Kumar Garg and Ms. Shivani, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is defending a petition filed by her husband under Section 27 (1)(d) read with Section 38 of the Special Marriage Act, 1954. 2. It seems that the petitioner-wife, somehow, misconstrued one order dated 25.07.2024 as being unjust. Such order divested her of custody of her seven years old daughter and was premised on the ground that there was denial of visitation on her part. Feeling such order to be unreasonable and harsh, albeit, unwarrantedly, she moved application under Section 24 CPC requesting the concerned learned Principal Judge, Family Courts to transfer said case to some other Court of Competent jurisdiction. 3. Such request has been declined vide order dated 16.10.2024. 4. The challenge herein is to such order. Signature Not Verified Digitally Signed CM(M) 3748/2024 1 By:SONIA THAPLIYAL Signing Date:23.04.2025 11:37:27 5. Mr. Prashant Mendiratta, learned counsel for petitioner, submits that there is no question of there being any kind of attribution of any nature whatsoever, against the learned Judicial Officer concerned, who is proceeding with the matter with complete transparency and fairness and also, in accordance with law. He also submits that there is procedure of challenging a judicial order and bias should not have been inferred by her client, merely because the order was against her. 6. During course of the arguments, Mr. Prashant Men