Avni Jain v. Abhishek Garg

Delhi High Court · 04 Dec 2018 · 2018:DHC:7629
Vinod Goel
Tr.P. (C.) 149/2018
2018:DHC:7629
family appeal_allowed

AI Summary

The Delhi High Court allowed the transfer of matrimonial petitions pending in different family courts to a single family court for judicial convenience and consistent adjudication.

Full Text
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Tr.P. (C.) 149/2018 HIGH COURT OF DELHI
TR.P.(C.) 149/2018
AVNI JAIN ..... Petitioner
Through: Mr. Shekhar Dasi, Advocate.
VERSUS
ABHISHEK GARG ..... Respondent
Through: Mr. Harsh Vardhan Pandey, Adv.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL O R D E R 04.12.2018
JUDGMENT

1. By this transfer petition, the petitioner seeks transfer of a petition for grant of divorce filed by her husband i.e. respondent being HMA No.1623/2018 titled as ‘Abhishek Garg Versus Avni Jain’ pending in the court of learned Principal Judge, Family Court, Dwarka to the court of learned Judge Family Court, East District, Karkardooma Courts, Delhi where her petition under Section 9 of the Hindu Marriage Act, 1955 (‘HMA’) for restitution of conjugal rights against the respondent, is pending. The petitioner is a resident of Mayur Vihar Phase-1, Delhi whereas the respondent is a resident of Paschim Vihar, Delhi. 2018:DHC:7629 Tr.P. (C.) 149/2018

2. Both the learned counsel, on instruction, state at bar that both these petitions may be transferred to the Court of Principal Judge, Family Court, West District, Delhi.

3. In the circumstances, both petitions; one HMA No.216/2018 pending in the Court of Principal Judge, Family Courts, East District, Karkardooma Court, Delhi; and another HMA No.1623/2018 pending in the Court of Principal Judge, Family Courts, Dwarka are withdrawn from respective courts and assigned to the Court of learned Principal Judge, Family Court, West District, Delhi. The parties are directed to appear before the transferee Court on 18.12.2018.

4. The petition is disposed of accordingly.