HARPAL SINGH Vs. SONIA SINGH

JUDGEMENT

(1.) This is a petition under Section 24 of the CPC for transfer of HMA No.1160/2014 titled Harpal Singh vs. Sonia Singh pending in the court of Sh. Pradeep Chadha, Principal Judge, Family Courts, Karkardooma Courts, Delhi to Family Court, Rohini (North-West District).

(2.) The ground for transfer of this petition to Rohini courts, NorthWest district given by the petitioner in the petition is two-fold. It has been stated that firstly there are two cases which are pending in the district court, Rohini. The first case is pertaining to enhancement of maintenance under Section 25 (2) of the Protection of Women from Domestic Violence Act, 2005, which is pending in the court of Ms. Shilpi Jain, Metropolitan Magistrare, Rohini Courts, Delhi. It has been further stated that so far as the second case is concerned, that is a criminal case initiated on the basis of a complaint lodged by the complainant under Section 498-A/406 IPC pending in the court of the concerned Metropolitan Magistrare, Rohini Courts. It has been stated that the petitioner is intending to prove the records of both these cases in his divorce petition which is pending in Karkardooma Court and it will be much convenient for him to summon the said record if it is transferred to Rohini court. It has also been stated that the petitioner is a resident of Jaipur and therefore, instead of appearing in different courts in Delhi, he would be required to appear only in one court at district Rohini and therefore, he has reiterated his prayer for transfer of the divorce petition filed by him to district court Rohini.

(3.) The learned counsel for the respondent has put in appearance. Though no formal reply has been filed; however, he has addressed the arguments opposing the prayer of the petitioner. It has been contended by him that the petition for divorce was filed by the petitioner himself on a false ground of cruelty in district Karkardooma when he was living within the jurisdiction of the said court. It has been further stated that he has been since transferred back from Jaipur to Delhi and is again living in the jurisdiction of district court, Karkardooma, therefore, there is absolutely no justification of transferring the case which is pending in district court, Karkardooma to district court, Rohini. It has also been stated by the learned counsel for the respondent that the two cases on the basis of which he wants the divorce case to be transferred to district court, Rohini are totally unconnected inasmuch as those two cases of which reference is given by the petitioner are pending in the court of learned Metropolitan Magistrate, while as the case which is sought to be transferred will have to be heard by the learned Family Judge, District Rohini, therefore, the forums are not going to be the same. It has also been stated that the petitioner can summon the record from district Rohini to Karkardooma and there is no impediment in this regard to prove the same.