Sh Brij Mohan Bansal Vs Smt Yachana Goel — Matrimonial and Divorce | Delhi HC (2025)

Sh Brij Mohan Bansal Vs Smt Yachana Goel — Matrimonial and Divorce | Delhi HC (2025)

What the court decided

AI extract

Outcome

The transfer petition stood disposed of: HMA No. 967/2023 (the petitioner's Section 12 Hindu Marriage Act petition) was withdrawn from the Judge Family Court, West District, Tis Hazari Court, Delhi, and assigned to the Principal Judge Family Court, District Shahdra, Karkardooma Court, Delhi; the transferor Court was to send the entire record to the transferee Court; and the parties were directed to appear before the transferee Court on 12.02.2025.

Issue for consideration

Whether the matrimonial proceedings pending between the parties in different Delhi family courts - the respondent's Section 9 Hindu Marriage Act petition (No. 1050/2023) before the Family Court at Karkardooma/Shahdra and the petitioner's Section 12 Hindu Marriage Act petition before the Family Court at Tis Hazari - should be transferred so as to be adjudicated together before one court.

Court's answer

After counsel for the petitioner fairly acceded to the submission of counsel for the respondent that the respondent-wife had a maintenance petition pending before the Family Court at Karkardooma, HMA No. 967/2023 (the petitioner's Section 12 Hindu Marriage Act petition) was withdrawn from the Court of the Judge Family Court, West District, Tis Hazari Court, Delhi, and assigned to the learned Principal Judge Family Court, District Shahdra, Karkardooma Court, Delhi, consolidating the parties' proceedings at Karkardooma.

Ratio / Principle

The transferor Court was directed to send the entire record to the transferee Court, and copies of the order were to be sent to the Principal Judge Family Court, District Shahdra, Karkardooma Court, Delhi, and the Judge Family Court, West District, Tis Hazari Court, Delhi.

Key takeaways

Both parties were directed to appear before the Principal Judge Family Court, District Shahdra, Karkardooma Court, Delhi, on 12.02.2025.ratio¶18

Detailed headnote1 paragraphs

Transfer petition under Section 24 of the Code of Civil Procedure, 1908 filed by the husband (Sh Brij Mohan Bansal) seeking transfer of the wife's petition no. 1050/2023 under Section 9 of the Hindu Marriage Act, 1955 ("Smt. Yachana Goel versus Sh. Brij Mohan Bansal") from the Principal Judge Family Court, District Shahdra, Karkardooma Court, Delhi, to the Judge Family Court, West District, Tis Hazari Court, Delhi, where his own Section 12 Hindu Marriage Act petition (HMA No. 967/2023) was pending. Counsel for the respondent pointed out that the respondent-wife had a maintenance petition pending before the Family Court at Karkardooma, and counsel for the petitioner fairly acceded to that submission. The High Court accordingly ordered HMA No. 967/2023 withdrawn from the Tis Hazari Family Court and assigned to the Principal Judge Family Court, District Shahdra, Karkardooma Court, Delhi, directing the transferor Court to send the entire record and the parties to appear before the transferee Court on 12.02.2025. The petition stood disposed of. The order proceeded on counsel's accession, not on an adjudication of transfer criteria; no precedent was cited and no costs were imposed.

$~24

IN THE HIGH COURT OF DELHI AT NEW DELHI

- TR.P.(C.) 99/2024

SH BRIJ MOHAN BANSAL .....Petitioner

Through: Mr.Sunil Choudhary, Advocate (Through VC)

versus

SMT YACHANA GOEL .....Respondent Through: Ms.Priyanka Agarwal, Advocate (Through VC)

CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

% 22.01.2025

The present petition under Section 24 of the Code of Civil Procedure, 1908 has been filed on behalf of the petitioner seeking the following reliefs:-

“i. Transfer the petition no. 1050/2023, under section 9 of Hindu Marriage Act, 1955 titled "Smt. Yachana Goel versus Sh. Brij Mohan Bansal" from the court of Sh. Prem Kumar Barthwal Principal Judge Family Court, District Shahdra, Karkardooma Court, Deli to the court of Sh. Arun Sukheja Judge Family Court West District, Tis Hazari Court, Delhi wherein the petition under section 12 of Hindu Marriage Act, 1955 filed by the petitioner is pending for adjudication. ii. Any other or further order(s) that this Hon'ble Court may deem fit and proper as per facts and circumstances of the case be also passed in favour of petitioner. This will be in the interest of justice.”

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 01/02/2025 at 10:35:28

Learned counsel for the respondent submits that the respondent-wife has filed another petition for maintenance before the learned Principal Judge Family Court, District Shahdra, Karkardooma Court, Delhi and therefore, the petition before the learned Judge Family Court, West District, Tis Hazari Court, Delhi, may be transferred.

Learned counsel for the petitioner has fairly acceded to the submissions made by learned counsel for the respondent.

In view of the above facts and circumstances, HMA No. 967/2023, under Section 12 of the Hindu Marriage Act, titled "Sh. Brij Mohan Bansal versus Smt. Yachana Goel" is withdrawn from the Court of learned Judge Family Court, West District, Tis Hazari Court, Delhi, and is assigned to the learned Principal Judge Family Court, District Shahdra, Karkardooma Court, Delhi, 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 the learned Principal Judge Family Court, District Shahdra, Karkardooma Court, Delhi, and learned Judge Family Court, West District, Tis Hazari Court, Delhi.

The parties are directed to appear before the learned Principal Judge Family Court, District Shahdra, Karkardooma Court, Delhi, on 12.02.2025.

With the aforesaid directions, the present petition stands disposed of.

DINESH KUMAR SHARMA, J

JANUARY 22, 2025 Dy/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 01/02/2025 at 10:35:28