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
| 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both the parties, let all the matters pending before the Family Court, North-West District and East District, Delhi be withdrawn from the respective Courts and assigned to the Court of learned Principal Judge, Family Court, South-West, Dwarka, Delhi for trying himself or assigning it to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.
The court may consolidate multiple related family law cases for efficient adjudication under Section 24 of the CPC, promoting convenience and preventing conflicting judgments.
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.
Consent of parties is paramount in transferring cases under the Hindu Marriage Act, ensuring expedient judicial resolution.
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.
The court upheld the transfer of family law cases to a jurisdiction where multiple related matters were pending, emphasizing the need for judicial efficiency and justice.
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