High Court of DelhiTR.P.(CRL.)/38/2019

Neha Mittal v. Gaurav Kithania & ORS

2020-02-14Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 38/2019 NEHA MITTAL ..... Petitioner Through:

Ms. K.B.Hina, Advocate with petitioner's father

Versus

GAURAV KITHANIA & ORS.

..... Respondents Through:

Nemo.

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 14.02.2020 Notice sent to respondents No. 1 to 3 through counsel has been served but learned counsel refused to accept notice on behalf of respondents 4 & 5 before the trial court.

Vide this petition, transfer of Case No. M-21/17/16 titled as Dr. Neha Mittal Vs. Gaurav Kithania, filed under Section 125 Cr.P.C. from Family Court, West District, Tis Hazari, Delhi to Family Court, SouthWest District, Dwarka, Delhi and Case No. 5552539/16 under Section 12 of Protection of Women from Domestic Violence Act, 2005 from Metropolitan Magistrate, West District, Tis Hazari, Delhi to Metropolitan Magistrate, South-West District, Dwarka, Delhi, is sought by petitioner on the ground that six other cases between the same parties are pending before Courts at Dwarka, New Delhi.

TR.P.(CRL.) 38/2019

Heard.

In view of the fact that six other cases between the parties are pending before Dwarka Court, New Delhi, it will be in the interest of justice that if these cases are tried at one court complex i.e. Dwarka Court Complex.

Let the parties appear before learned District & Sessions Judge, South West District, Dwarka Court on 5th March, 2020 for assigning the Case No. M-21/17/16 titled as Dr. Neha Mittal Vs. Gaurav Kithania, filed under Section 125 Cr.P.C. pending before Family Court, West District, Tis Hazari, Delhi and Case No. 5552539/16 under Section 12 of Protection of Women from Domestic Violence Act, 2005 pending before Metropolitan Magistrate, West District, Tis Hazari, Delhi to the competent court of jurisdiction at South-West District, Dwarka, Delhi. Let a copy of this order be sent to the concerned trial court for compliance of this order.

The petition and application stand disposed of with aforesaid directions.

Dasti.

BRIJESH SETHI, J FEBRUARY 14, 2020 r TR.P.(CRL.) 38/2019