Transfer petition under Section 447 BNSS seeking transfer of a DV case from Chief Judicial Magistrate (East) to Shahdara District at Karkardooma Courts. The Supreme Court had earlier transferred the case to Karkardooma generally. The High Court allowed the transfer to Shahdara as it matched the petitioner's disclosed address.
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KANIKA SAHNI .....Petitioner
Through: Mr. Jagjit Singh Sahni, Mr. Gurpreet Kaur Sahni, Mr. Amanpreet Singh, Advocates
versus
SUNITA THUKRAL .....Respondent Through: Ms. Sakshi Mehley, Ms. Harshita Kumar, Mr. Sajal Manchanda, Mr. Harsh Chaudhary, Advocates
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R % 24.04.2025
“Heard Mr. Madhu Mukul Tripathi, learned counsel appearing for the petitioner (wife). Also heard Ms. Sakshi Mehley, learned counsel appearing for the respondent(s).
2. It is seen from the pleadings on record that 3 proceedings at the instance of the petitioner are pending before the Court at Karkardooma.
TR.P.(CRL.) 29/2025 Page 1 of 3
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 28/04/2025 at 13:58:48
The child born to the couple on 13.08.2022 is in petitioner’s custody and she is residing with her parents in Delhi.
3. Ms. Sakshi Mehley, learned counsel for the respondent submits that instead of the court at Karkardooma (as suggested by the petitioner) the Patiala House Courts would be a safer place for her client(s). On this aspect, we are quite sure that either Courts in Delhi should not give rise to any safety concern for the other side. Whenever there is a need, the Court is also well equipped to conduct proceedings in the virtual mode. 4. Having considered the above and the submission of the learned counsel for the parties, we allow the transfer petitions. The following cases are ordered to be transferred:
(I) The D.V. No. 314 of 2022 titled “Sunita Thukral v. Kanika Sahni”, pending before the Court of Ld. Judicial Magistrate – Ist Class, Gurugram, Haryana is directed to be transferred to the Court of competent jurisdiction, Karkardooma Court, Delhi;
(II) The H.M.A. No. 1173 of 2922 titled “Kunal Thukral v. Kanika Sahni” pending before the Court of Ld. Principal Judge (Family court) Gurugram, Haryana is directed to be transferred to the court of competent jurisdiction, Karkardooma Court, Delhi.
5. Records of the case would be immediately transferred to the transferee court.
6. The parties are directed to appear, either in person or through an authorized representative, before the transferee court. However, in case there is non-appearance, court notice would be issued to the defaulting party.
7. The transferee court would decide the matter expeditiously.
8. Pending application(s), if any, shall stand closed. Transfer Petition (criminal) No. 710 of 2024
In view of today’s order in the T.P. (Criminal) No. 922 of 2923 and T.P. (Civil) No. 2542 of 2923, the present Transfer Petition stands dismissed.
Pending application(s), if any, shall stand closed.”
TR.P.(CRL.) 29/2025 Page 2 of 3
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 28/04/2025 at 13:58:48
Karkardooma Courts. The basis for making such a request is that the DV Act case filed by the Respondent, the Petitioner’s address is disclosed as r/o 165, Jagriti Enclave, Shakarpur Barmad, East Delhi, which falls within the jurisdiction of the Shahdara District.
SANJEEV NARULA, J
APRIL 24, 2025/ab
TR.P.(CRL.) 29/2025 Page 3 of 3
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 28/04/2025 at 13:58:48
1 issue framed by the court
Whether the DV case should be transferred from Karkardooma East District to Shahdara District within the same court complex based on the petitioner's address.
1 provisions across 1 enactments
Kanika Sahni
Sunita Thukral
Sanjeev Narula
As recorded by the court registry
A petition to transfer a criminal case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
