The High Court of Delhi allowed a transfer petition to move a family matter pending before the Family Court, Patiala House, to the Family Court, Karkardooma, relying on a previous order where the respondent's counsel had no objection.
Transfer of GP 84/2018 from Patiala House Family Court to Karkardooma Family Court.
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SMT. NIHARIKA ..... Petitioner Through: Mr. Arun, Adv.
versus
SHRI. VIKAS RAJORA ..... Respondent Through: None CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL) % 19.02.2024
TR.P.(C.) 10/2024
1. By this petition, the petitioner seeks transfer of GP 84/2018 ( Niharika v. Vikas Rajora ) pending before the learned Judge, Family Court, Patiala House, New Delhi to the competent Family Court at Karkardooma.
2. There is no appearance on behalf of the respondent despite notice. No response to this petition has been filed either.
3. Mr. Arun, learned Counsel for the petitioner has drawn my attention to order dated 22 April 2023, passed by the learned Judge, Family Court, Patiala House, which records the statement of learned Counsel for the respondent that she has no objection if the matter is transferred to the Family Court at Karkardooma. Following this, the learned Judge, Family Court, Patiala House has advised the parties to
Signature Not Ver ified Digitally Signed By:AJITTR.P(C) 10/2024 KUMAR Signing Da te:2 0.02.2024 12:33:32
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move this Court for getting the matter transferred to the Family Court, Karkardooma.
4. In these circumstances, there is no cause for this Court not to accede to the prayer in this petition.
5. Accordingly, GP 84/2018 ( Niharika v. Vikas Rajora ), presently pending before the learned Judge, Family Court, Patiala House, New Delhi stands transferred to the competent Family Court at Karkardooma.
6. Let the record be transmitted to the learned District Judge at Karkardooma in order to assign the matter to an appropriate Court.
7. The Registry of the Family Court, Patiala House is directed to take expeditious steps to ensure that the documents are transmitted to the Karkardooma Court.
8. The petition stands allowed in the aforesaid terms.
C.HARI SHANKAR, J
FEBRUARY 19, 2024 rb
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Digitally Signed By:AJITTR.P(C) 10/2024 KUMAR Signing Da te:2 0.02.2024 12:33:32
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1 issue framed by the court
Whether this Court can transfer a pending Family Court matter to another competent Family Court ex-parte in the absence of the respondent.
Smt. Niharika
Shri. Vikas Rajora
C. Hari Shankar
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
