Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Parul @ Parul Aneja - Appellant
Versus
Ankit Aneja - Respondent
TR.P.(C.) 12 of 2024
Decided On : 11-03-2024
Transfer Petition - Matrimonial Proceedings - The court allowed the transfer of matrimonial proceedings from one family court to another based on the wife's request and the pending cases in the new court.
Fact of the Case:
The wife filed a transfer petition seeking to move the matrimonial proceedings against her husband from one family court to another.
Finding of the Court:
The court allowed the transfer petition as the respondent did not file a counter affidavit or contest the petition.
Issues: Transfer of matrimonial proceedings
Ratio Decidendi: The court considered the pending cases in the new court and the lack of response from the respondent in allowing the transfer.
Final Decision: The matrimonial proceedings were transferred to the competent court in Patiala House, New Delhi.
ORDER (Oral)
C. HARI SHANKAR, J.
1. This is a transfer petition at the instance of a wife who seeks transfer of the matrimonial proceedings against her husband in HMA 1574/2021 (Ankit Aneja v. Parul Aneja), presently pending before the learned Family Court, North District, Rohini, to the learned Family Court, New Delhi District, Patiala House.
2. Mr. Sumit Nandvani, learned Counsel for the petitioner, submits that MT Case 201/2021 (under Section 125 of the Cr.P.C) and Ct. Case 2034/2021 (under Section 12 of the DV Act) are pending before the competent courts in Patiala House.
3. Despite issuance of notice, no counter affidavit has been filed by the respondent. Nor is there any appearance on behalf of the respondent to contest this petition.
4. In the circumstances, the petition is allowed. HMA 1574/2021 (Ankit Aneja v. Parul Aneja) stands transferred to the competent court in Patiala House, New Delhi.
5. The Registry of the Rohini Courts is directed to take expeditious steps to transfer the record to the Patiala House Court.
6. List on 24 April 2024, which was the next date listed before the Rohini Court, before the competent Court in the Patiala House Courts.
7. This petition is allowed in the aforesaid terms.
The court has the discretion to transfer matrimonial proceedings based on the circumstances and the interests of the parties involved.
Judicial authority to transfer transfer cases based on convenience and justice as per statutory provisions.
The court has the discretion to allow the transfer of proceedings under the Hindu Marriage Act, 1955 from one jurisdiction to another based on the facts and circumstances of the case.
The court considered the convenience of the parties and allowed the transfer based on the respondent's statement of no objection to the proceedings being transferred to the Family Court at Nashik.
The court has the discretion to transfer a marriage case from one jurisdiction to another under the Hindu Marriage Act, considering the convenience and practicality for the parties involved.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
