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TR.P.(C)13/2013
19th May, 2014 HASEEN BANO ......Appellant
Through: Ms. Monica Kapoor, Adv.
Through: Mr. Kapil Rustagi, Adv.
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. This is a petition under Section 24 CPC filed by the wife for transfer of the suit filed by the respondent for restitution of conjugal rights presently pending in the Karkardooma Courts to the Family Court at Rohini where the petition under Section 125 Cr.P.C. filed by the appellant is pending.
2. The following salient aspects persuade me to exercise my power under Section 24 CPC in favour of the petitioner in the present case:- 2014:DHC:2636
(i) Appellant-plaintiff is not earning anything. Though the respondent claimed that the appellant was working, however the appellant has specifically denied the stand of the respondent that she is working anywhere. Hence the appellant has no source of income.
(ii) The respondent is not even paying the interim maintenance although there is the order of the court to this effect in the petition under Section 125 Cr.P.C.
(iii) The respondent in his reply to this petition has said that both the cases, should in fact be transferred to a third court at Tis Hazari, and therefore, really the respondent does not mind if his petition is transferred to Tis Hazari. There is therefore no reason why his suit should not be transferred to the Family Court at Rohini where the petition under Section 125 Cr.P.C is pending.
3. No doubt power under Section 24 CPC are not exercised for the convenience of the wife but I have already given above the salient facts which persuade me in the peculiar facts of this case to exercise my power under Section 24 CPC.
4. In view of the above, petition is allowed and suit no. 312/2011 titled as Mohd. Israel vs. Haseen Bano & others pending in the court of Shri Anil Kumar, Judge Family Court at Vishwas Nagar, Delhi will stand transferred to the Family Court at Rohini where maintenance petition under Section 125 of the Cr.P.C. is pending in the court of Smt. Bimla Kumari, Judge, Family Court, Rohini, Delhi which is titled as Hasin Bano vs. Mohd. Israel.
5. Petition is accordingly allowed and disposed of. Let the concerned Family Court at Vishwas Nagar, Karkardooma Court transfer the records of the Suit No. 312/2011 titled as Mohd. Israel vs. Haseen Bano & others to the Family Court at Rohini where the petition under Section 125 Cr.P.C. of the appellant is pending. MAY 19, 2014 VALMIKI J. MEHTA, J. nk