The Delhi High Court has refused to entertain a plea seeking transfer of a matrimonial case on allegations of bias against the trial court. The Court made it clear that dissatisfaction with judicial orders cannot be equated with prejudice.
Background of the Case
The petition was filed by Jaspreet Kaur challenging an order dated December 15, 2025, passed by the Principal District and Sessions Judge, West District, Tis Hazari Courts. The petitioner sought transfer of her case (M.C. No. 581/2023) from the Mahila Court, alleging bias on the part of the trial court.
The plea was moved under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the High Court’s inherent powers to set aside the earlier order and direct transfer of proceedings.
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Before addressing the merits, the Court also allowed a separate application condoning a brief delay of nine days in re-filing the petition.
Hearing the matter, Justice Saurabh Banerjee noted that the petitioner was essentially attempting to re-argue issues that had already been examined and rejected by the lower court.
The bench observed that the Principal Judge had passed a “well-reasoned speaking order” after considering both facts and settled legal principles.
Importantly, the Court addressed the allegation of bias arising from the discharge of the petitioner’s husband and mother-in-law in an earlier order dated June 28, 2025.
“The mere fact that an order is not favourable to a party cannot, by itself, give rise to an inference of bias,” the Court said in substance, emphasizing that such claims must be supported by concrete material.
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The Court further noted that the petitioner had already challenged the discharge order through appropriate legal remedies in separate proceedings, which weakened the basis of the present plea.
On Allegations of Bias
The High Court underscored a key principle: judicial decisions taken in the normal course of duty cannot be labelled as biased simply because they go against one party.
“The onus lies on the petitioner to substantiate allegations of bias with material particulars,” the Court effectively reiterated, agreeing with the findings of the Principal Judge.
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It also pointed out that no new grounds or arguments were presented before the High Court that had not already been dealt with earlier.
Finding no merit in the petition, the Court declined to issue notice and refused to invoke its extraordinary jurisdiction under Section 528 BNSS.
The petition was dismissed at the threshold.
“In view of the aforesaid, the present petition, being without any merit, is dismissed in limine,” the Court concluded.
Case Details
Case Title: Jaspreet Kaur vs Jagjeet Singh & Ors.
Case Number: CRL.M.C. 2574/2026
Judge: Justice Saurabh Banerjee
Decision Date: April 7, 2026
