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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Shakuntala Chahar alias Jyoti - Appellant
Versus
State - Respondent
TR.P.(C.) 45 of 2022
Decided On : 01-08-2022
| Table of Content |
|---|
| 1. transfer petition context and pending cases (Para 1 , 3) |
| 2. notice acceptance by respondent's advocate (Para 2) |
| 3. case transfer decision made for justice (Para 4) |
| 4. administrative orders and case disposal (Para 5 , 6 , 7) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--This is a transfer petition filed for transfer of the case bearing number HMA/1032/2020 titled as Dr. Sh. Subodh Kumar vs. Shakuntala Chahar @ Jyoti under section 13(1) (ia) & (ib) of Hindu Marriage Act, 1955 and GP/68/2019 titled as Dr. Sh. Subodh Kumar vs. Shakuntala Chahar @ Jyoti under section 7, 9, 12 & 25 of Guardian and Wards Act, 1890 pending before learned Principal Judge, Family Court, Dwarka District Court to learned Principal Judge, Family Court, North West, Rohini District as other cases between the parties are pending in the district North West, Rohini.
2. Issue notice. Mr. Sanjay Mani Tripathi, Advocate accepts notice on behalf of respondent No.2.
3. It is a matter of record that the other case under Domestic Violence Act, maintenance petition and a complaint case under Sections 498A, 406, 354, 377, 34 IPC are pending in the North West District.
4. In the circumstances, in the interest of justice, HMA/1032/2020 titled as Dr. Sh. Subodh Kumar vs. Shakuntala Chahar @ Jyoti under section 13(1) (ia) & (ib) of Hindu Marriage Act, 1955 and GP/68/2019 titled as Dr. Sh. Subodh Kumar vs. Shakuntala Chahar @ Jyoti under section 7, 9, 12 & 25 of Guardian and Wards Act, 1890 is withdrawn from the Court of learned Principal Judge, Family Court, Dwarka District Court and assigned to the Court of learned Principal Judge, Family Court, North West, Rohini District.
5. Let copy of this orders be sent to learned Principal Judge, Family Court, Dwarka District Court and learned Principal Judge, Family Court, North West, Rohini District. The transferee Court is directed to send the entire record of the cases to transferor Court.
6. Parties are directed to appear before the learned Principal Judge, Family Court, North West, Rohini District on 16th August, 2022.
7. Accordingly, present petition stands disposed of.
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 may consolidate multiple related family law cases for efficient adjudication under Section 24 of the CPC, promoting convenience and preventing conflicting judgments.
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 emphasized the importance of considering the difficulties faced by the wife and the special preference given to the wife to file a petition or defend the case before the court within whose ....
Convenience of a custodial parent is a compelling reason for transferring divorce proceedings to avoid conflicting judgments in related cases.
Consolidation of cases under the Hindu Marriage Act, 1955 to avoid different conclusions on the same facts and evidence.
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