Rajneesh Miglani v. Manish Miglani

1. This is a transfer petition for transfer of case bearing H.M.A. Case No.3469 of 2018 titled as “Manish Miglani v. Rajneesh Miglani” pending before the learned, Family Court Judge, South West Delhi, Dwarka Court to the Court of Principal Judge Family Court, Shahdara, Karkardooma, wherein other cases being MT Case NO. 239/2019 and DV Case No. 4129/2019 are pending between the parties.

2. Learned counsel for the petitioner submits that the petitioner-wife is facing great difficulty travelling from Shahdara, Karkardooma Court to Dwarka Court along with her four years old son.

3. Learned counsel for the petitioner has placed reliance on Sumita Singh v. Kumar Sanjay &Anr, AIR 2002 SC 396 and Neelam 2022:DHC:3200 TR.P.(C.) 17/2022 Kanwar v. Devinder Singh Kanwar 2000 (8) SCC 184.

4. The respondent in person submits that he would also face difficulty if the matter is transferred as he has an elder daughter of around 12 years old.

5. It is a settled proposition that while considering the transfer of the proceedings, the convenience of a wife is to be given paramount consideration.

6. I consider that no prejudiced is going caused to the respondenthusband, if the matter is transferred. Hence, H.M.A. Case No.3469 of 2018 titled as “Manish Miglani v. Rajneesh Miglani” pending before the Court of Judge, Family Court, South West Delhi, Dwarka Court, is transferred to the Court of Principal Judge Family Court, Shahdara, Karkardooma.

7. Copy of this order be sent to the Principal Judge, Family Court, South West Delhi, Dwarka Court and the Principal Judge, Family Court, Shahdara, Karkardooma.

8. The transferor Court is directed to send complete Court record to the transferee Court.

9. Parties are directed to appear before the Principal Judge, Family Court, Shahdara, Karkardooma on 14th September, 2022.

10. In view of the above, the present petition along with the pending application stands disposed of.

DINESH KUMAR SHARMA, J AUGUST 23, 2022 Pallavi