Petitioner sought transfer and consolidation of two matrimonial suits involving himself. The Court directed transfer of the pending suit as Respondent opposed no transfer, leaving the consolidation prayer for the appropriate Court to decide on merits.
Transfer of HMA 2094/2023 ordered; consolidation prayer referred to the concerned Court for decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN SHARMA ..... Petitioner
Through: Mr. Shanmuga Patro, Advocate
versus
RICHA SHARMA ..... Respondent
Through: Ms. Vandana Kumar, Advocate
CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR
%
O R D E R (ORAL) 16.04.2024
1. By this petition under Section 24 of the CPC, the petitioner seeks transfer of HMA 2094/2023 ( Richa Sharma v. Sachin Sharma ) presently pending with the Family Court, North Delhi, Rohini Court Complex to the Family Court, North-West Delhi, Rohini Court Complex, in view of the pendency, before the latter Court, of HMA 1051/2018 ( Sachin Sharma v. Richa Sharma ). The petition also seeks consolidation of the two proceedings.
2. Ms. Vandana Kumar, learned counsel for the respondent does not oppose the prayer for transfer but opposes the further prayer that the two suits be consolidated.
3. This Court is not expressing any opinion on the prayer for consolidation. Either side may, if it so chooses, move the concerned Court with the said prayer. The Court, which is so moved, would take Signature Not Verified
Signature Not Verified
Digitally Signed By:CHANDRASHEKHAR AN HARI SHANKAR Signing Da te:19 .04.2024 16:54
Digitally Signed By:AJIT KUMAR TR.P.(C.) 49/2024 Signing Date:19.0 4.20 24 16:55
Page 1 of 2
a decision on the prayer on its own merits.
4. However, in view of the stand adopted by Ms. Vandana Kumar, learned counsel for the Respondent, HMA 2094/2023 ( Richa Sharma v. Sachin Sharma ) stands transferred from the Family Court, North Delhi, Rohini Court Complex to the Family Court, North-West Delhi, Rohini Court Complex.
5. This transfer petition is allowed to the aforesaid extent.
C.HARI SHANKAR, J
APRIL 16, 2024/yg
Click here to check corrigendum, if any
Signature Not Verified
Signature Not Verified
Digitally Signed Page 2 of 2 By:CHANDRASHEKHAR AN HARI SHANKAR Signing Da te:19 .04.2024 16:54
Digitally Signed By:AJIT KUMAR TR.P.(C.) 49/2024 Signing Date:19.0 4.20 24 16:55
2 issues framed by the court
Whether to transfer HMA 2094/2023 to Family Court, North-West Delhi.
Whether to consolidate HMA 2094/2023 and HMA 1051/2018.
1 provisions across 1 enactments
Sachin Sharma
Richa Sharma
C. Harishankar
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
