Delhi High Court - Orders
Neelam Arora & Anr vs Manju Arora on 14 September, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 132/2023
NEELAM ARORA & ANR.
..... Petitioners
Through: Ms.Preeti Singh, Mr.Sunklan
Porwal, Ms.Saumya Dwivedi &
Mr.Rishabh Munjal, Advs.
versus
MANJU ARORA
..... Respondent
Through: Mr.Prabhjit Jauhar &
Ms.Ajunee Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 14.09.2023
1. This petition has been filed by the petitioner praying for transfer of the Civil Suit, that is, CS DJ No. 09/2023, titled Neelam Arora v. Manju Arora (hereinafter referred to as the 'Subject Suit'), pending before the Court of the learned Judge, Family Court-02, West District, Tis Hazari Courts, Delhi (hereinafter referred to as the 'Family Court'), to this Court.
2. The subject Suit has been filed by the petitioners herein inter alia praying for the following reliefs:-
"A. Pass a decree of mandatory injunction directing the Defendant to vacate the suit property bearing no. G.B. 25, Shivaji Enclave, Tagore Garden, New Delhi-110027. B. Award the cost of the proceedings in favour of the plaintiff and against the defendants;"
3. In the subject Suit, the respondent has filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 inter alia challenging the jurisdiction of the learned Family Court to entertain and adjudicate on the subject Suit contending that the jurisdiction to try the said Suit shall be with ordinary Civil Court. Arguments on the 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 16/09/2023 at 23:24:33 said application were heard by the learned Family Court. In the meantime, this Court, by an order dated 01.06.2023 passed in I.A. 606/2023 in CS (OS) 601/2022 titled Geeta Anand v. Tanya Arjun & Anr., noticing the inconsistency between the judgments of coordinate Benches of this Court in Maniata Khurana v. Indra Khurana, 2010 SCC OnLine Del 225, and Meena Kapoor v. Ayushi Rawal & Anr., 2020 SCC OnLine Del 2481, on one hand, and in Avneet Kaur v. Sadhu Singh & Anr., 2022/DHC/2453, on the other, has referred the following question for consideration to a larger Bench of this Court:-
"ISSUES
(a) Whether a suit for possession/injunction filed by the in-laws of the defendant or either of them, claiming themselves or either of them to be the exclusive owner of the property of which the possession is sought or with respect to which injunction is prayed for from or against the defendant/daughter-in-law, is to be tried exclusively by the Family Court established under the Family Courts Act, and the jurisdiction of the Civil court is barred?
(b) Whether the impleadment or non-
impleadment of the husband of the defendant/son of the plaintiff has any effect on the maintainability of such a suit before a Civil Court?"
4. The learned Family Court, by its order dated 08.06.2023, passed in the subject Suit filed by the petitioners herein, has found it appropriate to await the outcome of the decision of the larger Bench of this Court in the Reference in Geeta Anand (supra), before proceeding with the further consideration of the subject Suit.
5. The learned counsel for the petitioners now accedes to the objections raised by the respondent that the Civil Court would have jurisdiction to adjudicate on the subject Suit filed by the petitioners, and prays that the Suit be transferred to this Court.
6. The learned counsel for the respondent reiterates that the jurisdiction to adjudicate the Civil Suit filed by the petitioners would 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 16/09/2023 at 23:24:33 be only with the Civil Court and not with the learned Family Court.
7. In that view of the matter, I see no impediment in transferring the subject Suit filed by the petitioners to this Court. Needless to state that, on such transfer, the petitioners may have to make necessary amendments in the Suit with respect to the averments regarding the territorial and pecuniary jurisdiction of the Court.
8. At this stage, the learned counsel for the respondent has also raised an objection that there would also be a deficiency in the Court Fees affixed by the petitioners in subject Suit. This objection can be considered by this Court on the transfer of the subject Suit. I need not express any opinion thereon, at this stage.
9. In view of the above, the subject Suit, being CS DJ No. 09/2023, titled Neelam Arora v. Manju Arora, is transferred from the Court of the learned Judge, Family Court-02, West District, Tis Hazari Courts, Delhi, to this Court.
10. Subject to the orders of the learned Judge-in-charge (Original Side), the subject Suit shall be listed before the roster Bench of this Court on 3rd October, 2023.
11. The present petition is allowed in the above terms. There shall be no order as to costs.
NAVIN CHAWLA, J SEPTEMBER 14, 2023/rv/AS Click here to check corrigendum, if any 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 16/09/2023 at 23:24:34