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The Delhi High Court recently passed an order in a 68-year old woman’s plea seeking transfer of a matrimonial case from one family court to another holding that in matrimonial disputes, the convenience of the wife “has to be seen more”.
A single judge bench of Justice Dinesh Kumar Sharma was hearing a plea moved by the woman seeking transfer of a suit from Principal Judge, Family Court, South West District, Dwarka Courts to the Principal Judge, Family Court, East District of Karkardooma Court. The woman had argued that two previous litigations between the parties were already pending before Karkardooma Court.
“It has been submitted that in the Karkardooma Court, the petition under Section 12 of Domestic Violence Act, 2005 and petition under Section 125 Cr. PC bearing No. 2712/2017 are pending…The present suit may also be transferred to the Karkardooma Court,” the judgment records.
The woman’s 72-year old husband vehemently opposed the transfer plea claiming that his wife had been enjoying all the benefits and had moved the transfer plea just to harass him.
The HC in its judgment of October 18, however observed, “The exercise of the jurisdiction while transferring the petition particularly in the matrimonial disputes, has to be undertaken in such a manner that there should not be any inconvenience caused to either of the parties”. The HC further observed that the wife’s request can be rejected only if there are “weighty reasons behind the same”.
Holding that there was no reason to decline the wife’s request, the HC directed the withdrawal of the suit pending before Family Court Dwarka Courts and assigned it to Family Court, Karkardooma Court. The HC directed the transferee court to send the complete record to the transferor Court further directing the parties to appear before the Principal District & Sessions Judge, East District of Karkardooma Court.
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