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2024 Supreme(Online)(DEL) 30801

HIGH COURT OF DELHI
DINESH KUMAR SHARMA, J
ASEEM KHANNA – Appellant
Versus
AKANKSHA DUA – Respondent


Advocates:
Mr. Raghavendra Mohan Bajaj, Ms. Garima Bajaj, Mr. Kumar Karan, Mr. Kanav Agarwal, Mr. Shagun Agarwal, Mr. Shivansh Dwivedi, Mr. Sajag Awasthi, Advs., Mr. Sumit Ahuja, Adv. (VC)

JUDGMENT

DINESH KUMAR SHARMA,J:

(A) FACTS

1. The present petition has been filed under Section 407 Cr.P.C . seeking transfer of CT Cases 578/2021 titled “AKANKSHA DUA VS. ASEEM KHANNA ETC.” pending before the court of Ld. MM, East District, Karkardooma Courts, Delhi to the court of Ld. Judge, Family Court-02, South-East, Saket, Delhi and club with HMA No. 35/2023 titled “AKANSHA DUA V. ASEEM KHANNA” pending in the court of Ld. Judge, Family Court-02, South-East, Saket, Delhi.

2. The respondent has filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act bearing HMA No. 35/2023 titled “AKANSHA DUA V. ASEEM KHANNA” before the Family Court, South-East, Saket Court, Delhi. Subsequently, the respondent also filed a complaint under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the „DV Act‟) seeking reliefs under Sections 17/18/19/20/22/23 of the DV Act bearing complaint case No. 578/2023 before Ld. MM, East District, Karkardooma Courts, Delhi.

3. Vide the present petition, the petitioner has sought transfer of the DV case to the family court and club the same under Section 24 of the CPC. The petitioner has stated

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