Veera Kaur Vs Ishwar Singh — Delhi HC (2025) — LawSathi Research

Veera Kaur Vs Ishwar Singh — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of matrimonial suit HMA Petition no. 2191/2023 (Ishwar Singh v. Veera Kaur) from the Family Court, North District, Rohini to the Family Court, South-East District, Saket; transferor court to send the entire record to the transferee court; parties to appear before the transferee court on 31.01.2025.

Issue for consideration

Whether the matrimonial suit HMA Petition no. 2191/2023 (Ishwar Singh v. Veera Kaur), pending before the Principal Judge, Family Court, North District, Rohini Courts, Delhi, should be transferred to the Principal Judge, Family Court, South-East District, Saket Court, Delhi, in view of the petitioner-wife's residence at Village Jaitpur, Badarpur (about 50 kms from Rohini Court) and her dependent child.

Court's answer

The matrimonial suit HMA no. 2191/2023 is withdrawn from the court of the learned Principal Judge, Family Court, North District, Rohini Courts, Delhi.

Ratio / Principle

The said matrimonial suit is assigned to the court of the learned Principal Judge, Family Court, South-East District, Saket Court, Delhi.

Key takeaways

The transferor court is directed to send the entire court record to the transferee court.ratio¶¶13
The parties are directed to appear before the learned Principal Judge, Family Court, South-East District, Saket Courts, Delhi on 31.01.2025.ratio¶¶15

Detailed headnote1 paragraphs

Transfer petition allowed. The Delhi High Court (Dinesh Kumar Sharma, J.) withdrew matrimonial suit HMA Petition no. 2191/2023, Ishwar Singh v. Veera Kaur, from the court of the learned Principal Judge, Family Court, North District, Rohini Courts, Delhi and assigned it to the court of the learned Principal Judge, Family Court, South-East District, Saket Court, Delhi. The transfer was sought by the wife on the ground that she resides at Village Jaitpur, Badarpur, New Delhi, about 50 kms from Rohini Court, and has a dependent child with her; learned counsel for the respondent fairly did not oppose the transfer. The transferor court was directed to send the entire court record to the transferee court, copies of the order were to be sent to both Family Courts, and the parties were directed to appear before the Saket Family Court on 31.01.2025. The petition along with pending applications stood disposed of.

$~27

IN THE HIGH COURT OF DELHI AT NEW DELHI

TR.P.(C.) 183/2024 & CM APPLs. 63119/2024 & 63121/2024 VEERA KAUR .....Petitioner Through: Mr. Pankaj Kumar Sharma, Advocate with petitioner in person

versus

ISHWAR SINGH .....Respondent Through: Mr. S.K. Rai, Advocate

CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA O R D E R % 20.01.2025

The present petition has been filed for transfer of matrimonial suit bearing HMA Petition no. 2191/2023 titled as Ishwar Singh v. Veera Kaur , pending before the court of Learned Principal Judge, Family Court, North District, Rohini Courts, Delhi to the court of Learned Principal Judge, Family Court, South-East District, Saket Court, Delhi.

Learned counsel for the petitioner submits that the petitioner is a resident of Village Jaitpur, Badarpur, New Delhi and therefore, it is very inconvenient for her to travel to Rohini Court, which is around 50 kms. from her residence. The petitioner also has a dependent child with her.

Learned counsel for the respondent very fairly submitted that HMA Petition bearing no. 2191/2023 titled as Ishwar Singh v. Veera Kaur, pending before the court of learned Principal Judge, Family Court, North District, Rohini Courts, Delhi may be transferred to the court of learned Principal Judge, Family Court, South-East District, Saket Court, Delhi for

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 24/01/2025 at 15:46:35

disposal in accordance with the law.

Upon consideration of the submissions, the matrimonial suit HMA no. 2191/2023 is withdrawn from the court of learned Principal Judge, Family Court, North District, Rohini Courts, Delhi and assigned to the court of learned Principal Judge, Family Court, South-East District, Saket Court, Delhi.

The transferor court is directed to send the entire court record to the transferee court.

Copy of this order be sent to the Learned Principal Judge, Family Court, North District, Rohini Courts, Delhi and Learned Principal Judge, Family Court, South-East District, Saket Court, Delhi.

The parties are directed to appear before Learned Principal Judge, Family Court, South-East District, Saket Courts, Delhi on 31.01.2025.

In view of the above, the present petition along with pending applications, stands disposed of.

DINESH KUMAR SHARMA, J

JANUARY 20, 2025 N/HT

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 24/01/2025 at 15:46:35