Sangeeta v. Neetu
Case brief
What is this about?
This transfer petition was allowed. The High Court held that the suit for injunction between sister-in-laws arose out of a marital relationship, attracting the exclusive jurisdiction of the Family Court under the Family Courts Act, 1984.
What did the court decide?
Suit SCJ 754/2018 shall stand transferred from the Civil Judge to the Family Court, Central District, Tis Hazari Courts, Delhi.
What the court decided
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- TR.P.(C.) 152/2023
SANGEETA
..... Petitioner
Through: Mr. Amit Negi and Mr. Ksheetej Rajput, Advs.
Versus
NEETU ..... Respondent Through: Mr. D Hasija, Ms Prachi Hasija, Mr Surya Shekhar Kumar and Mr Kushal Kumar, Advocates
CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT (ORAL) % 09.01.2024
TR.P.(C.) 152/2023
1. This petition under Section 24 of the Code of Civil Procedure, 1908 (CPC) seeks transfer of suit SCJ 754/2018 ( Sangeeta v. Neetu ), presently pending before the learned Civil Judge, Central District, Tis Hazari Courts, Delhi to the Family Court, Central District, Tis Hazari Courts, Delhi.
Issues for consideration
3 issues framed by the court
Whether the transfer of a suit for permanent and mandatory injunction between sister-in-law parties is maintainable under Explanation (d) to Section 7(1) of the Family Courts Act, 1984.
Whether the circumstances in which the injunction was sought arose out of a marital relationship between the parties.
Whether the Civil Court retained jurisdiction over the matter given the alleged familial nexus.
Parties & counsel
- petitioner
SANGEETA
- respondent
NEETU
Coram
C. HARI SHANKAR
Case details
As recorded by the court registry
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