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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Shelly Tyagi - Appellant
Versus
Rajesh Tyagi - Respondent
TR.P.(C.) 34 of 2020, CM Appl. 9606 of 2020, CM Appl. 36608 of 2022
Decided On : 23-08-2022




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.

Headnote:(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of petition - Petition for transfer of H. M. A. No. 2972/2019 from the Family Court, Dwarka to Family Court, Rohini - Parties agreed to transfer to Principal Judge (Central) Tis Hazari Courts. (Paras 1-8)

(B) Consent of parties - The court acknowledged that both parties mutually submitted a request for transferring the case, demonstrating the importance of consent in procedural matters. (Paras 3 and 4)

Facts of the case:
The petition involved a request to transfer a matrimonial dispute from one Family Court to another, highlighting the jurisdictional issues pertaining to family matters.

Findings of Court:
The petition for transfer was endorsed based on mutual agreement, with the case reassigned for disposal in accordance with law.

Issues: Whether a transfer of the matrimonial petition is justified under Section 24 CPC with parties' consent.

Ratio Decidendi: The court held that consent by both parties is vital for facilitating the transfer of a case, thus respecting the parties' voluntary agreement to change jurisdiction.

Result: Transfer petition disposed of; case assigned to the Central Family Court.

Table of Content
1. transfer petition details and jurisdiction. (Para 1 , 2)
2. mutual agreement for transfer of jurisdiction. (Para 3)
3. procedural directives for transfer. (Para 4 , 5 , 6 , 7)
4. disposal of the transfer petition. (Para 8)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--This is a Petition under Section 24 CPC for transfer of Petition being H. M. A. No. 2972/2019 titled as "Rajesh Tyagi vs. Shelly Tyagi", pending before the Court of learned Principal Judge (Hqs.), (South-West), Family Court, Dwarka, Delhi.

2. The request has been made for transfer of the H. M. A. No. 2972/2019 from the Court of learned Principal Judge (Hqs.), (South-West), Family Court, Dwarka, Delhi to the Family Court, Rohini, New Delhi.

3. However, during the course of hearing, both the parties have submitted that the matter be transferred to the learned Principal Judge (Central) Tis Hazari Courts, Delhi.

4. In view of the submissions made by both the parties, the H. M. A. No. 2972/2019 titled as "Rajesh Tyagi vs. Shelly Tyagi" is withdrawn from the Court of learned Principal Judge (Hqs.), (South-West), Family Court, Dwarka, Delhi and is assigned to the Court of the learned Principal Judge (Central), Family Court, Tis Hazari Courts, Delhi for the disposal of the petition in accordance with the law.

5. Copy of this order be sent to the learned Principal Judge (Hqs.), (South-West), Family Court, Dwarka, Delhi and the learned Principal Judge (Central), Family Court, Tis Hazari Courts, Delhi.

6. The transferor Court is directed to send the complete record to the transferee Court.

7. Parties are directed to appear before the learned Principal Judge (Central), Family Court, Tis Hazari Courts, Delhi on 9th September, 2022.

8. In view of the above, the present transfer petition along with all pending application is disposed of.

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