The Delhi High Court transferred a pending divorce petition from the North District Family Court to the South District Family Court due to a change in the petitioner's residence to Mehrauli. The list of other pending cases remains discontinued.
Withdrawal of divorce case from Rohini Court and transfer to Saket Court for further proceedings.
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NIKHIL SURI ..... Respondent Through: Mr. Sarfaraz Nabi, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA O R D E R % 13.03.2018
The dispute between the parties arises out of matrimonial discord. There are three cases presently pending, including one case for divorce (HMA No.339/2017) pending in the Court of Principal Judge, Family Court for North District at Rohini Court, Delhi and the other two being petition under Section 125 Cr.P.C., pending in the South District at Saket Court, New Delhi and another petition under Section 12 of Domestic Violence Act, 2005, pending in the Court of Magistrate, South District at Saket Court, New Delhi.
The divorce case as aforesaid was instituted by the respondenthusband while the other two litigations have been initiated by the petitionerwife. In the given facts and circumstances and also keeping in view the fact that the petitioner-wife is presently a resident of Mehrauli, New Delhi, TR.P.(C.) 21/2018 Page 1 of 2
which falls within the jurisdiction of Family Court for South District, the petition for divorce pending before the Court of Principal Judge, Family Courts, North District, Rohini Delhi is withdrawn from the aforesaid court and is transferred for further necessary proceedings in accordance with law to the Principal Judge, Family Courts, South District at Saket Court, New Delhi.
The transferor court shall send the file of the divorce case complete in all respects to the transferee court, fixing an appropriate date for the parties to appear there.
The petition stands allowed in above terms.
R.K.GAUBA, J.
MARCH 13, 2018 vk
Page 2 of 2
TR.P.(C.) 21/2018
3 issues framed by the court
Whether a pending divorce petition pending in a court lacking territorial jurisdiction should be transferred to the competent Family Court within the petitioner's residence.
Whether a petition for withdrawal and transfer of a divorce case is allowed.
Whether maintenance petitions and DV petitions are transferred as incidental to the withdrawal of divorce proceedings.
1 provisions across 1 enactments
Swati Suri
Nikhil Suri
R.K. Gauba
As recorded by the court registry
A petition to transfer a civil case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
