Garima Khera v. Anmol Khera

Delhi High Court · 22 Nov 2022 · 2022:DHC:5196
Dinesh Kumar Sharma
TR.P.(C.) 87/2022
2022:DHC:5196
family appeal_allowed

AI Summary

The Delhi High Court allowed transfer of a Domestic Violence complaint to the Family Court where a related maintenance petition is pending to ensure consistent adjudication and avoid contradictory decisions.

Full Text
Translation output
Neutral Citation Number 2022/DHC/005196
TR.P.(C.) 87/2022
HIGH COURT OF DELHI
TR.P.(C.) 87/2022
GARIMA KHERA ..... Petitioner
Through: Ms. Preeti Singh, Mr. Sunklan Porwal
& Mr. Rishabh Munjal, Advocates.
VERSUS
ANMOL KERA ..... Respondent
Through: Mr. S.K. Gulati, Advocate (through VC).
Date of Decision: 22nd November, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. 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 is withdrawn from the court of the learned MM, Patiala House District Court, New Delhi and assigned to Learned Principal Judge, Family Court, North District, Rohini Courts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.

DINESH KUMAR SHARMA, J NOVEMBER 22, 2022