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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Priyanka Sharma - Appellant
Versus
Sumit Sharma - Respondent
TR.P.(C.) 18 of 2020 & CM Appl. 4640 of 2020 (stay)
Decided On : 26-07-2022
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| 1. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present writ petition has been filed seeking transfer of case bearing HMA No.295/2017 under U/s 9 of HMA or in alternative U/s 13(1) (ia) & (ib) of HMA titled "Sumit Sharma Versus Priyanka Sharma" pending in the Court of learned Judge, Family Court, Karkardooma Court, East Delhi to the Family Court at Dwarka Court, South West District, Delhi.
2. Learned counsel for the respondent has very fairly agreed to the same. However, he states that some directions may be passed for the expeditious disposal of the petition.
3. In view of the submissions made, case bearing HMA No.295/2017 under U/s 9 of HMA or in alternative U/s 13(1) (ia) & (ib) of HMA titled "Sumit Sharma Versus Priyanka Sharma" is withdrawn from the Court of learned Judge, Family Court, Karkardooma Court, East Delhi and assigned to the learned Principal Judge, Family Court at Dwarka Court, South West District, Delhi.
4. Copy of the order be sent to learned Principal Judge, Family Court, East and learned Principal Judge, Family Court, South West.
5. Parties are directed to appear before the learned Principal Judge, Family Court, South West District, Delhi on 03rd August, 2022.
6. Learned Principal Judge, Family Court, South West is directed to dispose of the matter as expeditiously as possible.
7. Accordingly, the present petition along with pending application stands disposed of.
Consent of parties is paramount in transferring cases under the Hindu Marriage Act, ensuring expedient judicial resolution.
Parties may jointly request the transfer of cases under Section 24 CPC, and the court will honor such consent as a basis for jurisdictional reassignment.
The court may consolidate multiple related family law cases for efficient adjudication under Section 24 of the CPC, promoting convenience and preventing conflicting judgments.
In family law cases, the convenience of the wife and considerations related to minor children are given paramount importance when deciding on the transfer of proceedings.
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 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.
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