IN THE HIGH COURT OF DELHI AT NEW DELHI
KIRORI LAL (DECEASED) THROUGH LRS & ORS. VS. CHHOTEY LAL
TR.P.(C.) 204/2024
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 204/2024 & CM APPL. 70226/2024 KOMALIKA .....Petitioner Through: Mr. Ashutosh Bhardwaj & Ms. Preeti Sharma, Advs.
versus RAHUL CHHABRA .....Respondent Through: Mr. Amit Kumar Jha, Adv. (through VC).
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 19.02.2026
1. This hearing has been done through hybrid mode.
2. The present petition under Section 24 of the CPC read with Section 151 of the CPC seeks the following prayers:-
“a) Allow the present petition and transfer the divorce petition bearing number HMA 1200/24 titled Shri Rahul Chhabra versus Smt. Komalika from the Court of Ld. Principal Judge. family Court Karkardooma to the Court of Ld. Principal Judge. family Court. Saket; b) Any other order(s) in favour of the petitioner and against the respondent, which this Hon'ble Court may deem appropriate in the facts and circumstances of the present case.”
3. Learned counsel for the petitioner submits that the latter had filed a petition, MT Case No. 278/2023, seeking maintenance under Section 125 of the CrPC from the respondent, in 2023, before the learned Judge, Family Court, South, Saket, Delhi, and the same is pending in the said Court. It is submitted that the respondent has now instituted the divorce petition, HMA No.1200/24, seeking divorce from the petitioner, and the same is pending before the Court of learned Principal Judge, Family Court, East District, Karkardooma, Delhi. It is therefore submitted that as the parties are litigating under the same title, and in order to avoid multiplicity of evidence and trial, it will be in the interest of justice that both the aforesaid petitions are taken up for hearing by the same Court.
4. Learned counsel for the respondent, appearing through video conference, has submitted that the latter has no objection to the aforesaid prayer(s), and if the divorce petition filed on behalf of the latter is transferred to learned Judge, Family Court, South, Saket, Delhi and is tried along with maintenance petition, MT Case No.278/2023, filed by the petitioner.
5. In view of the averments made by the parties, the present petition is allowed.
6. Divorce petition, HMA No.1200/24, filed on behalf of the respondent, pending before the Court of learned Principal Judge, Family Court, East District, Karkardooma, Delhi, is transferred to the Court of learned Judge, Family Court, South District, Saket, Delhi.
7. Let the records of the aforesaid divorce petition be transferred to the Court of learned Judge, Family Court-01, South District, Saket, Delhi, within 10 days from today. It is clarified that the said divorce petition shall be proceeded from the stage, it is being transferred. Parties are directed to appear before the said Court accordingly.
8. Pending applications, if any, also stand disposed of accordingly.
9. Copy of the order be sent to the learned Principal Judge, Family Courts, East District, Karkardooma Courts, Delhi, as well as learned Principal Judge, Family Courts, South District, Saket Courts, Delhi, for necessary information and compliance.
10. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J FEBRUARY 19, 2026/nk/ns
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