Sunita v. Madan Mohan

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 67/2024, CM APPL. 25099/2024, CM APPL. 75676/2024 SUNITA .....Petitioner Through:

Mr.B. P. Vaishnav, Ms. Birjesh Sharma, Ms. Samikasha Trivedi, Advs. with appellant.

versus MADAN MOHAN .....Respondent Through:

Mr. Pradeep Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 11.03.2025 CM APPL. 75676/2024

1. Present application has been filed seeking correction of record which erroneously mentions HMA Petition No. 490/2020 instead of HMA Petition No. 984/2020.

2. For the reasons stated above, the present application stands allowed. The application stands disposed of.

TR.P.(C.) 67/2024

3. Present petition has filed seeking transfer of HMA Petition No. 984/2020 under Section 13(1A) of the HMA, 1955 from the learned Judge, Family Court-01, Karkardooma, Delhi, to the learned Principal Judge Family Court, Dwarka, Delhi.

4. Learned counsel for the petitioner submits that since, other litigations between the parties are also pending before the Dwarka Courts, Delhi the petitioner seeks transfer of the HMA petition therein. It has also The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2025 at 15:06:30

been submitted that the petitioner is residing in Najafgarh, Delhi.

5. Learned counsel for the respondent submits that the present petition has been filed only to harass the respondent. It has been submitted that the parties despite having been entered into mediation, now the petitioner has backed out.

6. This Court cannot go into such a question while entertaining the transfer petition. Since other litigations between the parties are admittedly pending before the Dwarka Court, HMA Petition No. 984/2020 under Section 13(1A) of the HMA, 1955 is withdrawn from the Court of the learned Judge, Family Court-01, Karkardooma, Delhi, Court and assigned to the Court of the learned Principal Judge, South-West, Family Court, Dwarka, Delhi for trial in accordance with the law.

7. The transferor Court is directed to send the entire record to the transferee Court.

8. Copy of the order be sent to learned Principal Judge, Family Court, North East, Karkardooma Court and learned Principal Judge, Family Court, South West Dwarka district, New Delhi.

9. Parties are directed to appear before learned Principal Judge, Family Court, South West, Dwarka Courts, New Delhi on 07.04.2025.

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

DINESH KUMAR SHARMA, J MARCH 11, 2025 Pallavi /KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2025 at 15:06:30