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High Court of DelhiTR.P.(C.)/227/2017

Prachi Goswami v. Arun Goswami

2018-03-13Hon'Ble Mr. Justice R.K.Gauba2 pages

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 227/2017 PRACHI GOSWAMI ..... Petitioner Through:

Mr. Sunil Narula, Advocate with Ms. Isha Thakur, Adv.

versus ARUN GOSWAMI ..... Respondent Through:

Mr. Sahil Munjal, Advocate with Mr. Rhea Gandhi Munjal, Adv.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 13.03.2018 The dispute between the parties arises out of matrimonial discord. There are three cases presently pending, including one case for divorce (HMA No.5635/2016) pending in the Court of Principal Judge, Family Court for North-West District at Rohini Court, Delhi and the other two being petition under Section 125 Cr.P.C. presented by the petitioner for self and on behalf of her minor child and a petition under Section 9 of Hindu Marriage Act, both pending in the Court of Principal Judge, Family Courts, Shahdara District at Karkardooma Courts Complex, Delhi. The divorce case as aforesaid was instituted by the respondenthusband while the other two litigations have been initiated by the petitionerwife. In the given facts and circumstances and also keeping in view the fact that the petitioner-wife is presently a resident of Shrestha Vihar, Delhi TR.P.(C.) 227/2017

which falls within the jurisdiction of Family Court for Shahdara District, the petition for divorce pending before the Court of Principal Judge, Family Courts, Rohini Delhi is withdrawn from the aforesaid court and is transferred for further necessary proceedings in accordance with law to the Family Courts, Shahdara District at Karkardooma Court Complex, Delhi. The objection of the respondent is rejected.

The transferor court shall send the file of the divorce case complete in all respects to the transferee court, fixing an appropriate date for the parties to appear there.

The petition stands allowed in above terms.

R.K.GAUBA, J.

MARCH 13, 2018 vk TR.P.(C.) 227/2017