The Delhi High Court recently imposed costs of ₹5,000 on a litigant for seeking the transfer of a child custody case from one family court to another on “scandalous grounds” of bias, terming it an attempt to undermine the court’s authority.

Justice Dinesh Kumar Sharma rejected the transfer petition, adding that the woman could have challenged the trial court’s custody order on the judicial side if she wanted to instead of accusing the judge of bias.

“The transfer on the basis of such ground is simply scandalous and with an intent to undermine the authority of the Court. The petitioner if, aggrieved by any order has all the right to challenge the same on the judicial side,” the High Court said.

, a family court had earlier allowed limited visitation rights to the child’s father to meet the child at a children’s room in the court complex, twice a month.

The mother alleged that the father sexually assaulted the child during such a visit. She also filed a case under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in the matter. However, the father was later acquitted in the POCSO case. 

The mother said that after this acquittal, the family court itself suggested that the father could file an application for temporary custody of the child. The mother claimed that this indicated bias on the part of the family court.

She, therefore, sought a transfer of the case to another family court judge.

This transfer plea was rejected in November last year by the Principal Judge of the Family Courts in Dwarka. The Principal Judge opined that even if it is accepted that the family court judge had guided the child’s father to file an application for custody, it would not establish any bias on the part of the trial court judge.

The Principal Judge concluded that the transfer plea was without merit, likely to adversely affect the court’s reputation and that it must not be encouraged.

This prompted the child’s mother to approach the Delhi High Court.

Her counsel contended that the trial court judge had orally refused to pass any order to alter earlier child custody arrangements even after the child’s mother submitted that the child’s father had sexually abused the child.

The High Court, however, found no merit in these arguments and dismissed the transfer petition by an order passed on January 27.

“There is no substance in this petition and therefore it is dismissed with the cost of Rs.5,000/- to be deposited with the Delhi High Court Legal Services Committee, with in the period of four weeks,” the Court added.