Mahender Kr. Gupta v. Asha Gupta and Ors.

Delhi High Court · 20 Sep 2022 · 2022:DHC:3822
Dinesh Kumar Sharma
TR.P.(C.) 69/2022 & TR.P.(C.) 71/2022
2022:DHC:3822
family appeal_allowed

AI Summary

The Delhi High Court directed transfer of a property dispute arising under Section 7-C of the Family Courts Act, 1984 from the civil court to the Family Court for appropriate adjudication.

Full Text
Translation output
TR.P.(C.) 69/2022 & TR.P.(C.) 71/2022
HIGH COURT OF DELHI
TR.P.(C.) 69/2022
TR.P.(C.) 71/2022
MAHENDER KR. GUPTA ..... Petitioner
Through: Petitioner in person.
VERSUS
ASHA GUPTA AND ORS ..... Respondents
Through: Proxy counsel (appearance not given).
Date of Decision: 20th September, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. The matter has been taken up on office noting.

2. A perusal of the record indicates that vide order dated 2nd September, 2022, learned ADJ-10, Central, Tis Hazari Court has passed following orders; “Perusal of the file reveals that the present matter is pertaining to the Family Court particularly to Section 7-(C) of the Family Courts Act, 1984 dealing with the property of the parties, hence the present matter is sent to the Ld. Principal District & Sessions 2022:DHC:3822 Judge (HQ), Central, Delhi for transferring to the appropriate Court. Parties are directed to remain present before the Court of Ld. Principal District & Sessions Judge (HQ), Central, Delhi on 09.09.2022 at 02.00 pm.”

3. Pursuant to the order passed by learned ADJ-10, the matter was placed before the learned Principal District & Sessions Judge (HQ), Central, Delhi.

4. The learned Principal District & Sessions Judge (HQ), Central, Delhi has passed the following orders dated 9th September, 2022; “This is civil suit received from the court of Ms.Colette Rashmi Kujur, learned ADJ-10, Central, Tis Hazari Courts, Delhi vide order dated 02.09.2022. Perused. In view of order dated 02.09.2022, file be transmitted to the Hon'ble Delhi High Court for further directions since Family Courts are separate establishment. Parties are directed to appear before the Registrar General, Delhi High Court on 15.09.2022 at 11:00 am. File be sent immediately.”

5. The Registry has placed the matter before this Court in view of the order passed by the Registrar General of this Court.

6. Since the matter pertains to the Family Court, let the matter be assigned to the learned Principal Judge, Family Court, Central.

7. The transferee Court is directed to send the complete record to the Court of the learned Principal Judge, Family Court immediately.

8. Copy of the order be sent to learned Principal District & Sessions Judge (HQ), Central, Tis Hazari Court, Delhi and the learned Principal Judge, Family Court Central, Tis Hazari Court, Delhi.

9. Parties are directed to appear before the learned Principal Judge, Family Court Central, Tis Hazari Court, Central, Delhi on 27th September, 2022.

10. In view of the submissions made, the present petitions stand disposed of.

DINESH KUMAR SHARMA, J SEPTEMBER 20, 2022 Pallavi