ASEEM KHANNA Vs. AKANKSHA DUA

JUDGEMENT

(1.) The present petition has been filed under Sec. 407 Cr.P.C. seeking transfer of CT Cases 578/2021 titled "AKANKSHA DUA VS. ASEEM KHANNA ETC." pending before the court of Ld. MM, East District, Karkardooma Courts, Delhi to the court of Ld. Judge, Family Court-02, South-East, Saket, Delhi and club with HMA No. 35/2023 titled "AKANSHA DUA V. ASEEM KHANNA" pending in the court of Ld. Judge, Family Court-02, South-East, Saket, Delhi.

(2.) The respondent has filed a petition for divorce under Sec. 13(1)(ia) of the Hindu Marriage Act bearing HMA No. 35/2023 titled "AKANSHA DUA V. ASEEM KHANNA" before the Family Court, South-East, Saket Court, Delhi. Subsequently, the respondent also filed a complaint under Sec. 12(1) of the Protection of Women from Domestic Violence Act, 2005(hereinafter referred to as the "DV Act") seeking reliefs under Ss. 17/18/19/20/22/23 of the DV Act bearing complaint case No. 578/2023 before Ld. MM, East District, Karkardooma Courts, Delhi.

(3.) Vide the present petition, the petitioner has sought transfer of the DV case to the family court and club the same under Sec. 24 of the CPC. The petitioner has stated that the Family Court, South-East, Saket, Delhi has power to grant the relief as has been sought by the respondent in the DV Act case. The petitioner has also submitted that Sec. 26 of the DV Act provides that the reliefs available under Sec. 18 to 22 of the DV Act can be sought in any legal proceeding before a Civil Court, Family Court or Criminal Court.