IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Garima Khera - Appellant
Versus
Anmol Kera - Respondent
TR.P.(C.) 87 of 2022
Decided On : 22-11-2022
| Table of Content |
|---|
| 1. transfer petition filed for dv case. (Para 1) |
| 2. need for unifying conflicting petitions. (Para 2) |
| 3. court's rationale for transferring case. (Para 3) |
| 4. order for record transfer and future directions. (Para 4 , 5 , 6 , 7 , 8) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present transfer petition has been filed for transfer of Domestic Violence (DV) Complaint Case No. 1038/2021 titled as "Garima Khera v. Anmol Khera & Ors." pending before the Court of learned MM, Patiala House District Court, New Delhi to the learned Principal Judge, Family Court, Rohini District Court (North), Delhi.
2. Learned counsel for the petitioner submits that a petition under Section 125 of the Cr.P.C., bearing M.T. Case No. 594/2022 titled as "Garima Khera Vs. Anmol Khera & Ors." is pending adjudication before the learned Family Judge, Rohini District Court, Delhi. Learned Counsel further submits that for the purpose of convenience and in order to avoid any contradictory decision, the Domestic Violence (DV) Petition pending before the learned MM, Patiala House District Court, New Delhi may be transferred to the learned Judge Family Court, North District, Rohini Courts, Delhi who is trying the Maintenance Petition.
3. I have heard the submissions. I consider that the interest of justice would meet if both the petitions i.e. Maintenance petition and Domestic Violence (DV) petition are tried by the same Court. Hence, the Domestic Violence (DV) petition No. 1038/2021, titled as "Garima Khera v. Anmol Khera & Ors." is withdrawn from the court of the learned MM, Patiala House District Court, New Delhi and assigned to Learned Principal Judge, Family Court, North District, Rohini Courts for assigning it to learned Judge, Family Court, North District, Rohini Courts, Delhi who is trying M.T. Case No. 594/2022 titled as "Garima Khera Vs. Anmol Khera & Ors.".
4. The transferor court is directed to transfer all the record pertaining to Domestic Violence (DV) Complaint Case No. 1038/2021 titled as "Garima Khera v. Anmol Khera & Ors." to the transferee court.
5. Copy of this order be sent to learned Principal District and Sessions Judge, Patiala House Courts, New Delhi & learned Principal Judge, Family Court, North District, Rohini Courts, Delhi.
6. Parties are directed to appear before learned Principal Judge,Family Courts, North District, Rohini Courts, Delhi on 12th December, 2022.
7. With the above directions, the petition stands disposed of.
8. Learned counsel for the respondent has also submitted that in the DV Act Petition No. 1038/2021, a direction has been passed for interaction with the child on 29th November, 2022. Let the said direction be complied with, before learned MM, Patiala House Courts, New Delhi on 29th November, 2022 and only thereafter, the record be transferred.
Court prioritized judicial efficiency and the interest of justice by transferring a Domestic Violence case to be heard alongside a related maintenance petition.
Transfer of domestic violence cases to family courts is limited per jurisdictional provisions.
The main legal point established in the judgment is the consideration of the residence of the parties and the inconvenience faced by each party in determining the transfer of cases under the DV Act a....
Convenience of a custodial parent is a compelling reason for transferring divorce proceedings to avoid conflicting judgments in related cases.
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