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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Bharti Babbar - Appellant
Versus
Amit Babbar - Respondent
TR.P.(C.) 60 of 2022
Decided On : 17-11-2022




The court may consolidate multiple related family law cases for efficient adjudication under Section 24 of the CPC, promoting convenience and preventing conflicting judgments.

Headnote:(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of family court matters - Transfer petition for consolidating cases pending in different family courts filed and consent of parties obtained for transfer - All relevant matters consolidated and transferred to a single court for efficient adjudication. (Paras 1-5)

(B) Jurisdiction and Authority - The court has the authority to transfer cases pursuant to the provisions of the CPC for the convenience of the parties involved and to promote judicial efficiency. (Paras 4-5)

Facts of the case:
The petitioner sought to transfer a divorce petition and related family law matters from the family court in Karkardooma to the family court in Rohini, citing multiple pending cases in the latter court. The consent of both parties was obtained for the transfer.

Findings of Court:
The court directed that all relevant family law matters be consolidated in the Family Court, South-West, Dwarka, for streamlined handling of cases.

Issues: The main issue addressed was whether the transfer of multiple family law cases to a single court was appropriate for judicial efficiency and convenience.

Ratio Decidendi: The court held that consolidating these cases in one forum serves the interests of justice, as it prevents conflicting judgments and promotes judicial efficiency.

Result: The petition is disposed of with directions for case transfer.

Table of Content
1. overview of pending cases (Para 1 , 2 , 3)
2. directions for case transfer (Para 4 , 5 , 6 , 7)
3. conclusion of the petition (Para 8)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

TR.P.(C.) 60/2022

1. Present transfer petition has been filed under Section 24 of CPC for transfer of HMA No.483/2021 titled as Amit Babbar vs. Bharti Babbar from the Court of Sh. Sanjeev Jain, Ld. Principal Judge (East District), Family Court, Karkardooma, Delhi to the Court of learned Family Court Judge (North-West District), Rohini, Delhi.

2. It has been submitted that the following cases are pending before the Rohini Court, Delhi:

(i) a maintenance petition under Section 125 Cr.P.C. bearing No.234/2021;

(ii) a petition under Section 25 of the Guardian & Wards Act, 1890 bearing G.P.26/2021;

(iii) DV complaint No.5762/2021 before the learned MM (Mahila Court), North-West, Rohini, Delhi;

(iv) Divorce petition u/s 13(1) (ia) & (ib) of HMA, 1955 bearing HMA No.1167/2022

3. It has further been submitted that the following cases are pending before the Karkardooma Court, Delhi:

(i) HMA No.483/2021 titled as Amit Babbar vs. Bharti Babbar

(ii) Contempt petition No.4/2022 pending in Karkardooma Court.

4. With the consent of both the parties, let all the matters pending before the Family Court, North-West District and East District, Delhi be withdrawn from the respective Courts and assigned to the Court of learned Principal Judge, Family Court, South-West, Dwarka, Delhi for trying himself or assigning it to the competent Court of learned Family Court Judge, South- West, Dwarka, Delhi.

5. The transferor court is directed to transfer all the records pertaining to the case to the transferee court.

6. Copy of this order be sent to the Court of learned Family Court Judge, East District and North-West District and the learned Principal Judge, Family Court, South-West, Dwarka.

7. Parties are directed to appear before learned Principal Judge, Family Court, South-West, Dwarka on 30.11.2022.

8. With the above directions, the present petition stands disposed of.

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