Disposed¶23

Smt Debasmita Chaudhury v. Mr Rishabh

Delhi HC19 Mar 2026TR.P.(CRL.)/21/2026

Case brief

AI extract

What is this about?

TR.P.(CRL.) 21/2026, High Court of Delhi, Justice Prateek Jalan, 19.03.2026. Consent-based transfer of matrimonial case Mt. Case No. 121/2025 (Debasmita Chaudhury vs. Rishabh) from Family Court, Patiala House Courts, New Delhi to Family Court, South District, Saket, New Delhi under Section 447 BNSS, 2023; ground: erroneous jurisdictional police station (Sarojini Nagar presumed, Kotla Mubarakpur correct); next date of appearance 06.04.2026; pending application CRL.M.A.8518/2026 disposed alongwith.

What did the court decide?

Transfer of the proceedings in Mt. Case No. 121/2025 from the learned Principal Judge, Family Court, Patiala House Courts, New Delhi to the learned Principal Judge, Family Courts, South District, Saket, New Delhi; parties directed to appear before the transferee court on 06.04.2026. ¶23

Smt Debasmita Chaudhury Vs Mr Rishabh — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the matrimonial proceedings in Mt. Case No. 121/2025 should be transferred from the Family Court, Patiala House Courts, New Delhi to the Family Court, South District, Saket, New Delhi, on the ground that they were instituted at Patiala House under an erroneous presumption regarding the jurisdictional police station.

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Court's answer

With the consent of learned counsel for the parties, the transfer petition is allowed.

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Ratio / Principle

The proceedings in Mt. Case No. 121/2025, pending before the learned Principal Judge, Family Court, Patiala House Courts, New Delhi, are transferred to the learned Principal Judge, Family Courts, South District, Saket, New Delhi.

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Key takeaways

The parties shall appear before the learned Family Courts, South District, Saket, New Delhi, on 06.04.2026 for further proceedings.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Prateek Jalan, J.; order dated 19.03.2026): Transfer petition under Section 447, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, allowed with the consent of learned counsel for both sides. Matrimonial proceedings Mt. Case No. 121/2025 (Ms. Debasmita Chaudhury vs. Mr. Rishabh), pending before the Principal Judge, Family Court, Patiala House Courts, New Delhi, transferred to the Principal Judge, Family Courts, South District, Saket, New Delhi, as they had been filed at Patiala House under the mistaken impression that the jurisdictional police station for the petitioner's residence was Sarojini Nagar, whereas it is Kotla Mubarakpur. Parties directed to appear before the transferee court on 06.04.2026; petition and pending application (CRL.M.A.8518/2026) disposed of.

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$~122

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TR.P.(CRL.) 21/2026 CRL.M.A.8518/2026

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SMT DEBASMITA CHAUDHURY .....Petitioner Through: Mr. Kailash Prashad Pandey, Mr. Balendra Prasad Tiwari, Mr. Mukesh Kulshrestha, Advocates.

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versus

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MR RISHABH .....Respondent Through: Mr. Buddha Dev Prasad, Mr. Y.R. Sharma, Advocates.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

19.03.2026

The petitioner has filed the present transfer petition seeking the

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following reliefs:

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“a) Allow the present Petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and transfer the Mt. Case No. 121 /2025 titled Ms. Debasmita Chaudhury Vs. Mr. Rishabh from the Court of Ld. Principal Judge, Family Court Patiala House, New Delhi to Ld. Principal Judge, Family Court South, District Court Saket, New Delhi, in the interest of justice;

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b) Pass such other or further order or orders as this Hon’ble Court may deem fit and proper under the facts and in the circumstances of the present case.”

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It is stated in the petition that the proceedings were inadvertently filed in the New Delhi District at Patiala House Courts under the erroneous presumption that the police station having jurisdiction over the petitioner’s residence is Sarojini Nagar. However, the petitioner has subsequently learned that the jurisdictional police station is Kotla

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TR.P.(CRL.) 21/2026

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Page 1 of 2

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This is a digitally signed order.

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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 20/03/2026 at 13:28:10

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Mubarakpur, and therefore, the proceedings ought to be transferred to the Family Court, South District, Saket, New Delhi.

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Mr. Buddha Dev Prasad, learned counsel for the respondent, has entered appearance on advance notice and does not dispute the above submission.

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With the consent of learned counsel for the parties, the present petition is allowed, and the proceedings in Mt. Case No. 121/2025, pending before the learned Principal Judge, Family Court, Patiala House Courts, New Delhi, are transferred to the learned Principal Judge, Family Courts, South District, Saket, New Delhi.

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The parties shall appear before the learned Family Courts, South District, Saket, New Delhi, on 06.04.2026 for further proceedings. 6. The petition, alongwith the pending application, is thus disposed of.

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PRATEEK JALAN, J

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MARCH 19, 2026 ‘Bhupi/JM’/

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TR.P.(CRL.) 21/2026

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Page 2 of 2

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This is a digitally signed order.

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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 20/03/2026 at 13:28:10

Smt Debasmita Chaudhury v. Mr Rishabh

Case brief

What is this about?

What did the court decide?

Smt Debasmita Chaudhury v. Mr Rishabh

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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