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High Court of DelhiTR.P.(C.)/203/2024

Rahul Yadav v. Monika & ORS.

2025-11-27Hon'Ble Mr. Justice Saurabh Banerjee4 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 203/2024 RAHUL YADAV .....Petitioner Through:

Mr. M. S. Khan and Mr. M.

Arshyan, Advocates (through VC) versus MONIKA & ORS.

.....Respondents Through:

Mr. Abhishek Pratap Singh and Ms.

Richa Dutt, Advocates for R-1 to 5 (through VC)

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 27.11.2025 1.

By virtue of the present petition under Section 24 of the Code of Civil Procedure, 1908 (CPC), the petitioner seeks transfer of the cases pending before the respective Courts of the South West District, Dwarka Courts, Delhi to the respective Courts of the Central District, Patiala House Courts, Delhi; or alternatively, of the cases pending before the respective Courts of the Central District, Patiala House Courts, Delhi to the respective Courts of the South West District, Dwarka Courts, Delhi, since the said cases are emanating from similar facts and circumstances between the same parties. The details of the said cases as provided in the present petition are reproduced hereinbelow:

"(South West District, Dwarka Courts) a. "RAHUL YADAV VS MONIKA", Case No. HMA 979 / 2023, pending before Hon'ble Principal Judge-Family The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court, South West District, Dwarka, Delhi, N.D.O.H30.01.2025. b. "STATE VS NEHA & ANR.", Case No. Cr. Case 2684 / 2024, pending before Hon'ble Metropolitan Magistrate Mahila Court, South West District, Dwarka, Delhi, N.D.O.H- 09.12.2024.

c. "STATE VS DEVASHISH & ORS.", Case No. Cr. Case 7387 / 2023, pending before Hon'ble Metropolitan Magistrate Mahila Court, South West District, Dwarka, Delhi, N.D.O.H- 09.12.2024.

(New Delhi District, Patiala House Courts) a. "MONIKA & ORS. VS RAHUL YADAV & ORS.", Case No. Ct. Cases 2008 / 2022, pending before Hon'ble Metropolitan Magistrate Mahila Court, New Delhi District, Patiala House Courts, Delhi, N.D.O.H- 03.12.2024. b. "MONIKA VS RAHUL YADAV", Case No. HMA 980 / 2022, pending before Hon'ble Principal Judge-Family Court, New Delhi District, Patiala House Courts, Delhi, N.D.O.H- 03.12.2024.

c. "MONIKA & ANR. VS RAHUL YADAV", Case No. Mt. Case 161 / 2022, pending before Hon'ble Principal JudgeFamily Court, New Delhi District, Patiala House Courts, Delhi, N.D.O.H- 14.11.2024."

2.

Learned counsel for the petitioner appearing through video conferencing, at the very outset, submits that the respondent nos.6 to 10, being proforma parties, are being represented by the learned counsel for the petitioner before the respective Courts above. 3.

Learned counsel for the respondent nos.1 to 5 submits that all the proceedings are emanating from the common cause(s) of action, and they are between the very same parties and are arising from the very common factual matrix. As such, he does not have any objection(s) if the present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petition is allowed.

4.

In a nutshell, the present issue emanates from the matrimonial proceedings inter se the petitioner and the respondent no.1. Considering the nature of the said proceedings, as well as in the interest of justice as also of the parties, the case being "Rahul Yadav vs Monika", bearing HMA No.979/2023, pending before the learned Principal Judge, Family Court, South West District, Dwarka Courts, Delhi is transferred to the Court of the learned Principal Judge, Family Court, Central District, Patiala House Courts, Delhi; and the cases being "State vs Neha & Anr." Cr. Case No.2684/2024 and "State vs Devashish & Ors.", Cr. Case No.7387/2023, pending before the learned Metropolitan Magistrate, Mahila Court, South West District, Dwarka Courts, Delhi are transferred to Court of the learned Metropolitan Magistrate, Patiala House Courts, Delhi with a direction to commence the proceeding(s) thereof from the same stage as the present.

5.

The learned Principle Judge, Family Court, South West District, Dwarka Courts, Delhi and the learned Metropolitan Magistrate, South West District, Dwarka Courts, Delhi are directed to send the entire record pertaining to the above cases pending before them to the Court of the learned Principal Judge, Family Court, Central District, Patiala House Courts, Delhi and the learned Metropolitan Magistrate, Patiala House Courts, Delhi respectively.

6.

A copy of the present order be sent to the learned Principle Judge, Family Court, South West District, Dwarka Courts, Delhi; the learned Metropolitan Magistrate, South West District, Dwarka Courts, Delhi; the learned Principal Judge, Family Court, Central District, Patiala House The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Courts, Delhi; and the learned Metropolitan Magistrate, Patiala House Courts, Delhi for information and compliance. 7.

Accordingly, the present petition is allowed, and stands disposed of. SAURABH BANERJEE, J NOVEMBER 27, 2025/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.