Ajay Kumar v. Manju

Delhi High Court · 13 Oct 2011 · 2011:DHC:19109
Indermeet Kaur
Tr.P.(C) No. 65/2011
2011:DHC:19109
family petition_allowed

AI Summary

The court allowed transfer of a divorce petition to the Family Court where a related petition under Section 9 of the Hindu Marriage Act was pending, directing both to be clubbed and decided together in the interest of justice.

Full Text
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A-36
% 13.10.2011
Present: Ms.Reena Jain, Advocate for the petitioner.
Mr.P.K. Mishra, Advocate for the respondent.
+Tr.P.(C) No. 65/2011 & CM No. 15095/2011
*
The respondent has been served. He has put in appearance. The petitioner is seeking transfer of petition No. 137/2011 titled Ajay Kumar
Vs. Manju which is a divorce petition filed by the husband and is pending before the ADJ, Family Court, Dwarka; she seeks transfer of this petition to the Family Court at Saket where a petition under Section 9 of the
Hindu Marriage Act has been filed by the wife seeking restitution of her conjugal rights. There is no dispute about the fact that the issues arisen out of the two petitions are the same i.e. emanating from the marriage between Ajay and Manju.
In the interest of justice, it will be expedient if both the petitions are tried by the same Court. Accordingly, the HMA No.137/2011 titled
Ajay Vs. Manju pending in the Dwarka Court is transferred to the Family
Court at Saket where the petition under Section 9 is pending. Both the petitions shall be clubbed together and shall be decided by one common order.
With these directions, this petition is disposed of.
Order dasti.
INDERMEET KAUR, J.
OCTOBER 13, 2011 a
2011:DHC:19109
JUDGMENT