Sunita Vs Madan Mohan — Matrimonial and Divorce | Delhi HC (2025)

Sunita Vs Madan Mohan — Matrimonial and Divorce | Delhi HC (2025)

What the court decided

AI extract

Outcome

Transfer of HMA Petition No. 984/2020 from the Judge, Family Court-01, Karkardooma, Delhi to the learned Principal Judge, South-West, Family Court, Dwarka, Delhi granted; transferor Court directed to send the entire record to the transferee Court; copies of the order to the Principal Judges, Family Court, North East (Karkardooma) and South West (Dwarka); parties directed to appear before the Principal Judge, Family Court, South West, Dwarka Courts, New Delhi on 07.04.2025; petition and pending applications disposed of.

Issue for consideration

Whether HMA Petition No. 984/2020 under Section 13(1A) of the HMA, 1955 should be transferred from the Judge, Family Court-01, Karkardooma, Delhi to the Principal Judge, Family Court, Dwarka, Delhi, given that other litigations between the parties are pending before the Dwarka Courts and the petitioner resides in Najafgarh, Delhi. +1 more

Court's answer

Because other litigations between the parties are admittedly pending before the Dwarka Court, HMA Petition No. 984/2020 under Section 13(1A) of the HMA, 1955 is withdrawn from the Court of the learned Judge, Family Court-01, Karkardooma, Delhi and assigned to the Court of the learned Principal Judge, South-West, Family Court, Dwarka, Delhi for trial in accordance with the law.

Ratio / Principle

The record-correction application (CM APPL. 75676/2024) stands allowed and disposed of.

Key takeaways

This Court will not go into the respondent's contention that the transfer petition was filed only to harass him while entertaining the transfer petition.obiter¶16

Detailed headnote1 paragraphs

Delhi High Court (Dinesh Kumar Sharma, J.; order dated 11.03.2025) allowed the transfer petition TR.P.(C.) 67/2024 filed by Sunita seeking transfer of HMA Petition No. 984/2020 under Section 13(1A) of the HMA, 1955 from the learned Judge, Family Court-01, Karkardooma, Delhi to the learned Principal Judge, Family Court, Dwarka, Delhi. Reason advanced: other litigations between the parties are admittedly pending before the Dwarka Court; the petitioner resides in Najafgarh, Delhi. The Court declined to examine the respondent's contention that the petition was filed to harass him or that the petitioner had backed out of mediation. The petition was withdrawn from the Karkardooma Court and assigned to the Principal Judge, South-West, Family Court, Dwarka for trial in accordance with law; the transferor Court to send the entire record; parties to appear before the Dwarka Court on 07.04.2025. Companion application CM APPL. 75676/2024 correcting the record (HMA Petition No. 490/2020 mis-stated for No. 984/2020) was allowed and disposed of. Petition and pending applications stand disposed of.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- TR.P.(C.) 67/2024, CM APPL. 25099/2024, CM APPL. 75676/2024 SUNITA .....Petitioner

Through: Mr.B. P. Vaishnav, Ms. Birjesh Sharma, Ms. Samikasha Trivedi, Advs. with appellant.

versus

MADAN MOHAN .....Respondent Through: Mr. Pradeep Singh, Adv. CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA O R D E R % 11.03.2025

CM APPL. 75676/2024

Present application has been filed seeking correction of record which erroneously mentions HMA Petition No. 490/2020 instead of HMA Petition No. 984/2020.

For the reasons stated above, the present application stands allowed. The application stands disposed of.

TR.P.(C.) 67/2024

Present petition has filed seeking transfer of HMA Petition No. 984/2020 under Section 13(1A) of the HMA, 1955 from the learned Judge, Family Court-01, Karkardooma, Delhi, to the learned Principal Judge Family Court, Dwarka, Delhi.

Learned counsel for the petitioner submits that since, other litigations between the parties are also pending before the Dwarka Courts, Delhi the petitioner seeks transfer of the HMA petition therein. It has also

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 27/03/2025 at 15:06:30

been submitted that the petitioner is residing in Najafgarh, Delhi.

Learned counsel for the respondent submits that the present petition has been filed only to harass the respondent. It has been submitted that the parties despite having been entered into mediation, now the petitioner has backed out.

This Court cannot go into such a question while entertaining the transfer petition. Since other litigations between the parties are admittedly pending before the Dwarka Court, HMA Petition No. 984/2020 under Section 13(1A) of the HMA, 1955 is withdrawn from the Court of the learned Judge, Family Court-01, Karkardooma, Delhi, Court and assigned to the Court of the learned Principal Judge, South-West, Family Court, Dwarka, Delhi for trial in accordance with the law.

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

Copy of the order be sent to learned Principal Judge, Family Court, North East, Karkardooma Court and learned Principal Judge, Family Court, South West Dwarka district, New Delhi.

Parties are directed to appear before learned Principal Judge, Family Court, South West, Dwarka Courts, New Delhi on 07.04.2025.

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

DINESH KUMAR SHARMA, J

MARCH 11, 2025

Pallavi /KR

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 27/03/2025 at 15:06:30