Urvashi Singh v. Anurag Singh

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 207/2025 URVASHI SINGH .....Petitioner Through:

Mr. Mohit Singh, Advocate (through vc).

versus ANURAG SINGH .....Respondent Through:

Ms. Payal Jain, Mr. Sumit Kumar, Mr.

Anish Poddar and Mr. Dishant, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 16.03.2026 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 24 of the CPC seeks the following prayers: - "a) Transfer HMA No. 432/2025 titled "Anurag Singh v. Urvashi Singh", pending before the Court of Ms. Aditi Chaudhary, Ld. Principal Judge, Family Court, Tis Hazari, Delhi, to the Family Court at Karkardooma, Delhi; and b) Pass such other or further orders as may be deemed fit and proper in the interest of justice."

3.

By way of present petition, the petitioner is seeking transfer of divorce petition, HMA No. 432/2025, filed by the respondent under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'HMA') for dissolution of marriage between the parties.

4.

Learned counsel for the petitioner has submitted that the latter is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

presently residing with the minor child born out of wedlock between the parties at her parental home at Patparpanj Village, East Delhi. It is further submitted that the child is in care and custody of the petitioner and is medically certified to be 79% disabled and is suffering from Autism as well as epilepsy. Relevant certificate and medical records of the child have also been placed on record. It is further submitted the petitioner had instituted a Section 12 complaint under Protection of Women from Domestic Violence, 2005, and a connected Criminal case arising out of FIR No. 240/2025 under Sections 498A/406/506/34 of the IPC registered at P.S. Pandav Nagar, which are pending adjudication in Karkardooma Courts. Thus, in these circumstances, it would be extremely difficult to attend regular proceedings at Tis Hazari Courts, which are located at a considerable distance from her residence.

5.

Per contra, learned counsel for the respondent submits that the subject divorce petition was filed in 2025, and thereafter, several mediation sessions were held in the same on various occasions and a detailed reply with respect to the present petition has also been placed on record. 6.

Heard learned counsel for the parties and perused the record. 7.

During the course of hearing, on a pointed query from the learned counsel for the respondent, it is admitted case that, the child of the parties is medically certified to be 79% disabled, and suffering from autism as well as epilepsy. The child also requires continuous therapy and medical supervision and is presently in care and custody of the petitioner. Further, the complaint under Section 12 of the DV Act and aforesaid FIR registered against the respondent at the instance of the petitioner are also pending adjudication in Karkardooma Courts. Therefore, in order to avoid undue hardship to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner, it would be in the interest of justice that the divorce petition filed by the respondent is transferred to the Court of competent jurisdiction in Karkardooma Courts.

8.

The Hon'ble Supreme Court in Ruchi Rawat v. Principal Judge, Family Court, Etah & Anr., 2022 SCC OnLine SC 2036, has observed and held as under: - "4. It is well-settled that in matrimonial matters generally, it is wife's convenience which must be looked at while considering the transfer. In N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (Civil Appeal No. 4894 of 2022, disposed of on 18.07.2022), it was held as under: "9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding.

In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.""

9.

In these circumstances, it is directed that divorce petition, HMA No.432/2025, filed by the respondent and pending in the Court of learned Principle Judge, Family Courts, West, Tis Hazari Courts, Delhi, shall be transferred to the learned Principal District & Sessions Judge, Administrative, Karkardooma Courts, Delhi, who shall assign the same to the Court of competent jurisdiction.

10.

The said divorce petition shall be proceeded from the stage, it is being The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

transferred.

11.

Let the records of the divorce petition, HMA No. 432/2025, pending in the Court of learned Principle Judge, Family Courts, West, Tis Hazari Courts, Delhi, be transferred to the aforesaid concerned Court within a period of 10 days.

12.

Parties are directed to appear before the Court of competent jurisdiction accordingly.

13.

Copy of the order be sent to learned Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi, as well as learned Principal District and Sessions Judge, Administrative Karkardooma Courts, for necessary information and compliance.

14.

The present petition is allowed and disposed of. 15.

Pending applications, if any, also stand disposed of accordingly. 16.

Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J MARCH 16, 2026/bsr/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.