Delhi High Court - Orders
Surbhi Mittal vs Aditya Mittal on 29 May, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 100/2022
SURBHI MITTAL ..... Petitioner
Through: Mr.Rajeev Sharma, Adv.
versus
ADITYA MITTAL ..... Respondent
Through: Mr.R.K.Singh, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 29.05.2023
1. The present petition under Section 24 of the Code of Civil Procedure, 1908, preferred by the wife, who is the respondent in HMA No.576/2022 filed by the respondent herein, seeks transfer of the said petition from the Court of the learned Principal Judge, Family Court, District North West, Rohini Courts, Delhi, to the Court of learned Principal Judge, Family Court, District South East, Saket Court, New Delhi.
2. Learned counsel for the petitioner submits that not only would the continuance of the proceedings before the Rohini Courts cause undue harassment to the petitioner, who along with the minor child, would have to travel a considerable distance to attend Court, but even otherwise, the respondent has himself now filed petitions which are pending consideration before the learned Family Court, Saket, New Delhi. He, therefore, prays that the petition be allowed and HMA No.576/2022 preferred by the respondent under Section 13(1)(ia) and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 00:19:35 13(1)(iii) of the Hindu Marriage Act, 1955, be transferred to the learned Family Court, District South East, Saket Court, New Delhi.
3. The respondent vehemently opposes the present petition by contending that the petitioner cannot, merely for the sake of her convenience, seek transfer of a validly instituted proceeding before the competent Court having necessary territorial jurisdiction. He, however, does not deny that the respondent has recently preferred a Guardianship Petition before the learned Family Court, District South East, Saket Court, New Delhi.
4. Having considered the submissions of the learned counsel for the parties, I find that though the respondent is justified in urging that a validly instituted suit/petition cannot be transferred merely for the convenience of a party only because she happens to be the respondent in the divorce proceedings initiated by the husband. However, in the present case when it is evident that the respondent/husband has himself preferred proceedings before the learned Family Court, District South East, Saket Court, New Delhi, to which Court the petitioner is seeking transfer of HMA No.576/2022 from the Rohini Courts, Delhi, the Court cannot just brush aside her convenience. Even otherwise, I am of the view that it would be generally desirable that cases arising out of interrelated issues are preferably decided by the same Court. In the present case, the allegations which the parties have levelled against each other in the divorce petition preferred by the respondent will surely come up for consideration in the Guardianship Petition preferred by the respondent as well. In my considered view, it would therefore be appropriate that these two This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 00:19:35 petitions are decided together.
5. The present petition is, accordingly, allowed and HMA No.576/2022 preferred by the respondent is transferred from the Court of the learned Principal Judge, Family Court, District North West, Rohini Courts, Delhi to the Court of the learned Family Judge, District South East, Saket Court, New Delhi.
6. It is however made clear that this order will not be considered either as an opinion by this Court on the merits of the interse disputes between the parties or the averments made in the present petition.
7. The matter will be listed before the learned Family Judge, District South East, Saket Court, New Delhi, on 19.07.2023, on which date, the parties will appear before the learned Court for further proceedings in accordance with law.
REKHA PALLI, J MAY 29, 2023 kk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 00:19:36