Avni Jain vs Abhishek Garg
2018 Latest Caselaw 7154 Del

$~28
*        IN THE HIGH COURT OF DELHI AT NEW DELHI
+        TR.P.(C.) 149/2018
         AVNI JAIN                                     ..... Petitioner
                  Through:           Mr. Shekhar Dasi, Advocate.

                            versus

         ABHISHEK GARG                               ..... Respondent
                 Through:            Mr. Harsh Vardhan Pandey, Adv.

         CORAM:
         HON'BLE MR. JUSTICE VINOD GOEL

                            ORDER

% 04.12.2018

1. By this transfer petition, the petitioner seeks transfer of a petition for grant of divorce filed by her husband i.e. respondent being HMA No.1623/2018 titled as 'Abhishek Garg Versus Avni Jain' pending in the court of learned Principal Judge, Family Court, Dwarka to the court of learned Judge Family Court, East District, Karkardooma Courts, Delhi where her petition under Section 9 of the Hindu Marriage Act, 1955 ('HMA') for restitution of conjugal rights against the respondent, is pending. The petitioner is a resident of Mayur Vihar Phase-1, Delhi whereas the respondent is a resident of Paschim Vihar, Delhi.

2. Both the learned counsel, on instruction, state at bar that both these petitions may be transferred to the Court of Principal Judge, Family Court, West District, Delhi.

3. In the circumstances, both petitions; one HMA No.216/2018 pending in the Court of Principal Judge, Family Courts, East District, Karkardooma Court, Delhi; and another HMA No.1623/2018 pending in the Court of Principal Judge, Family Courts, Dwarka are withdrawn from respective courts and assigned to the Court of learned Principal Judge, Family Court, West District, Delhi. The parties are directed to appear before the transferee Court on 18.12.2018.

4. The petition is disposed of accordingly.

VINOD GOEL, J.

DECEMBER 04, 2018 "sandeep"