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High Court of DelhiTR.P.(C.)/196/2018

Madhu Mittal v. Umesh Mittal

2019-07-11Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~33 & 34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 196/2018 MADHU MITTAL ..... Petitioner Through:

Counsel (appearance not given).

versus UMESH MITTAL ..... Respondent Through AND + TR.P.(C.) 197/2018 MADHU MITTAL ..... Petitioner Through:

Counsel (appearance not given).

versus UMESH MITTAL ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.07.2019 1.

None appears for the respondents despite service. 2.

The petitioner has filed these petitions, inter alia, praying that the suit captioned Madhu Mittal v. Umesh Mittal: Civil Suit No. 8607/2016 and Civil suit captioned Madhu Mittal v. Umesh Mittal: Civil Suit No. 8608/2016 pending before the Court of learned ADJ (South), Saket Court be transferred to the Family Court, South District, Saket Court. 3.

The learned counsel appearing for the petitioner has drawn the attention of this Court to an order dated 31.07.2018 passed by learned ADJ indicating that the subject matter of the disputes arises out of a marital relationship, and in terms of Section 7(1) of the Family Courts Act, 1984, the said suits are required to be tried in the Family Court.

4.

In view of the above, the petitions are allowed and Civil Suit No. 8607/2016 and Civil Suit No. 8608/2016 pending before the Ld. ADJ (South) District are transferred to the Principal Judge, Family Court, South District, Saket Courts Complex.

5.

The parties are directed to appear before the concerned Court on 30.07.2019.

VIBHU BAKHRU, J JULY 11, 2019 RK