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High Court of DelhiTR.P.(C.)/145/2016

Divya Nayyar v. Akash Kapoor & ANR

2017-04-27Hon'Ble Ms. Justice Pratibha Rani3 pages

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DIVYA NAYYAR ..... Petitioner Through:

Mr.Amit Sharma & Mr.Dipesh Sinha, Advocates versus AKASH KAPOOR & ANR ..... Respondents Through:

Ms.Jasmeet Kaur, Advocate for R-1

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 27.04.2017 1.

This transfer petition has been filed by the petitioner seeking transfer of HMA No.1111/2016 titled as 'Divya Nayyar Vs. Akash Kapoor & Anr.' presently pending in the Court of Sh.Deepak Jagotra, Principal Judge, Family Courts, Saket, New Delhi to the Court of Principal Judge, Family Courts, Patiala House, New Delhi where HMA No.700/2015 titled as 'Akash Kapoor Vs. Divya Nayyar' filed by the respondent/husband under Section 9 of the Hindu Marriage Act, 1955 is already pending. 2.

Learned counsel for the respondent No.1 submits that she has no objection if the prayer of the petitioner is allowed and HMA No.1111/2016 titled as 'Divya Nayyar Vs. Akash Kapoor & Anr.' presently pending in the Court of Sh.Deepak Jagotra, Principal Judge, Family Courts, Saket, New Delhi is transferred to the Court of Principal Judge, Family Courts, Patiala

House, New Delhi where HMA No.700/2015 filed by the respondent/husband under Section 9 of the Hindu Marriage Act, 1955 is pending.

3.

In view of the above submissions made by learned counsel for the parties, HMA No.1111/2016 titled as 'Divya Nayyar Vs. Akash Kapoor & Anr.' is withdrawn from the Court of Sh.Deepak Jagotra, Principal Judge, Family Courts, Saket, New Delhi and is assigned/transferred to the Court of Principal Judge, Family Courts, Patiala House, New Delhi where HMA No.700/2015 titled as 'Akash Kapoor Vs. Divya Nayyar' filed by the respondent/husband under Section 9 of the Hindu Marriage Act, 1955 is pending, for disposal in accordance with law. 4.

It is submitted that next date of hearing in HMA No.700/2015 pending before the Court of Principal Judge, Family Courts, Patiala House, New Delhi is 4th May, 2017.

5.

Since case bearing HMA No.1111/2016 pending in the Court of Sh.Deepak Jagotra, Principal Judge, Family Courts, Saket, Delhi is stated to be listed on 18th July, 2017, learned counsel for the parties submit that they shall either move a joint application or the application shall be filed by the petitioner with no-objection from the respondent for preponement of the date of hearing so that the matter can be transferred to the Court of Principal Judge, Family Court, Patiala House, New Delhi at the earliest. 6.

Parties are directed to appear before the Court of Sh.Deepak Jagotra, Principal Judge, Family Courts, Saket, Delhi on 23rd May, 2017 for the needful.

7.

The petition stands disposed of in above terms. 8.

Copy of the order be given dasti to learned counsel for the parties.

9.

A copy of this order be also sent to the Courts concerned through concerned District & Sessions Judge.

CM Nos.42601/2016 & 16027/2017 Dismissed as infructuous.

PRATIBHA RANI, J.

APRIL 27, 2017 'pg'