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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Deepti - Appellant
Versus
Ravi Shokeen - Respondent
TR.P.(C.) 72 of 2021
Decided On : 29-08-2022




The court determined that the consolidation of related family matters into a single jurisdiction supports judicial efficiency and enhances the likelihood of settlement through mediation.

Headnote:(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of petition - Transfer petition was filed seeking the transfer of a family court case from one jurisdiction to another due to the pendency of another related matter - The court allowed the transfer, withdrawing the petition from Family Court, North, and assigning it to Family Court, South. (Paras 1-3)

(B) Mediation - The court directed the Principal Judge of the Family Court, South, to explore the possibility of settlement and refer the matter for mediation. (Paras 7-8)

Facts of the case:
The transfer petition was necessitated due to the existence of another related Guardian Petition pending in a different Family Court, highlighting the efficiency of handling related matters in one jurisdiction.

Findings of Court:
The transfer was made in the interest of judicial economy and efficiency in relation to similar pending matters.

Issues: The main issue addressed was the appropriateness of transferring the ongoing family court case to a court where a related matter was pending.

Ratio Decidendi: The court found that transferring the case would serve the interests of justice and judicial economy by consolidating related matters in one court.

Result: Petition allowed and case transferred.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--This is a transfer petition under Section 24 CPC seeking transfer of petition No. 351/2020 titled as "Ravi Shokeen vs. Deepti" pending before the Court of learned Principal Judge, Family Court, North, Rohini to the leaned Principal Judge, South, Family Court, Saket.

2. It has been stated that another Guardian Petition No. 21/2018 titled as "Ravi Shokeen vs. Deepti" is pending before the Principal Judge, South, Family Court, Saket.

3. In view of the submissions made, the petition bearing 351/2020 titled as "Ravi Shokeen vs. Deepti" pending before the Court of learned Principal Judge, Family Court, North, Rohini is withdrawn and assigned to the Court of the leaned Principal Judge, South, Family Court, Saket.

4. Copy of the order be sent to the learned Principal Judge, Family Court, North, Rohini as well as the learned Principal Judge, South, Family Court, Saket.

5. The transferor Court is directed to send all record to the transferee Court.

6. Parties are directed to appear before the learned Principal Judge, South, Family Court, Saket on 8th September, 2022.

7. Learned counsel for the respondent has submitted that the matter be referred to mediation.

8. Learned Principal Judge, Family Court, Saket shall explore the possibility of settlement and referred the matter accordingly, for mediation.

9. With these observations, the present petition stands disposed of.

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