LAWS(DLH)-2022-4-157

KINRI DHIR Vs. VEER SINGH

Decided On April 19, 2022
Kinri Dhir Appellant
V/S
VEER SINGH Respondents

JUDGEMENT

(1.) This petition has been preferred seeking transfer of proceedings titled GP No.16/2021 pending before the Court of the Principal Judge Family CourtSaket. The petition itself has come to be preferred in the backdrop of disputes having arisen between the parties as a consequence of the breakdown of matrimonial relations.

(2.) The respective parties are stated to have married as per Buddhist customs on 4/12/2018 in Taipei, Taiwan. A male child was born from that union on 13/4/2019. The parties stayed at Dehradun between December 2018 to March 2019. The petitioner further discloses that she also stayed at Chandigarh during her pregnancy. She presently resides at C-99, Defense Colony, New Delhi. The relations between the parties appears to have soured immediately or soon after the child was born. The Court finds it inexpedient to either notice or deal with the various allegations which have been levelled by respective parties against each other. This since the present petition is concerned only with the issue of whether the prayer for transfer is liable to be granted.

(3.) The petitioner here is stated to have moved an application dtd. 16/1/2021 for protective orders being passed referrable to Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 [PWDV]. The petitioner also simultaneously moved an application for interim protection of the person of the minor child under Sec. 12 of the Guardian and Wards Act, 1980. Along with the main petition preferred under PWDV, the petitioner also moved applications for ex parte and ad-interim directions. On 18/1/2021, the Family Judge passed an order restraining the respondent from removing the minor child out of the custody and care of the petitioner. On 23/2/2021, the Family Judge called upon parties to file their disclosures with respect to assets and income in terms of the judgment of the Supreme Court in Rajnesh v. Neha [(2021) 2 SCC 324].