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2025 DAILYLAW 5538 (DEL)

ANITA RATHI v. KISHORE SINGH

TR.P.(C.)/223/2025 · 2026-07-24

Harish Vaidyanathan Shankar

body2025

Judgment text

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$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 223/2025 & CM APPL. 80661/2025 (Stay) ANITA RATHI .....Petitioner Through: Mr. Prateek Tanwar, Advocate. versus KISHORE SINGH .....Respondent Through: Ms. Aanchal Budhiraja, Advocate CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 24.07.2026 1. The present Petition has been filed under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of the proceedings in HMA Petition No. 1489/2024, titled “Kishore Singh v. Anita Rathi”, pending before the Court of the learned Principal Judge, Family Court, North-West District, Rohini Courts, New Delhi, to the Court of the learned Principal Judge, Family Court, Karkardooma Courts, East District, Delhi. 2. Learned counsel appearing on behalf of the Petitioner submits that the Petitioner is presently residing with her parents and is solely taking care of the minor child born out of wedlock. 3. He further submits that the Petitioner has no independent source of income and is dependent upon her parents even for meeting her basic necessities, including food, accommodation and medical expenses. 4. He also submits that the Respondent is gainfully employed as This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:36:22 an Assistant Manager (Sales & Service) with a private company and is earning a handsome salary of approximately Rs. 1,50,000/- per month. 5. He, therefore, submits that, in view of the aforesaid circumstances, the interest of justice would be served if HMA Petition No. 1489/2024, titled “Kishore Singh v. Anita Rathi”, is transferred from the Court of the learned Principal Judge, Family Court, North- West District, Rohini Courts, New Delhi, to the Court of the learned Principal Judge, Family Court, Karkardooma Courts, East District, Delhi. 6. Per contra, learned counsel appearing on behalf of the Respondent submits that the Petitioner had earlier preferred a Transfer Petition before the Hon'ble Supreme Court, which came to be dismissed as withdrawn. It is contended that the factum of filing the said Transfer Petition before the Hon'ble Supreme Court has been concealed in the present proceedings. 7. She further submits that, in any event, the Petitioner has not been regularly appearing before the learned Family Court and has not been physically present during the course of the proceedings. 8. Learned counsel further submits that one of the principal objections to the present Petition is that a sum of Rs. 10,000/- has already been paid towards the fee of the learned Local Commissioner, who has conducted one sitting for recording of evidence in the divorce proceedings pending before the learned Family Court at Rohini. 9. This Court has heard the learned counsel appearing on behalf of the parties at length and has perused the material placed on record. 10. Having regard to the fact that the Petitioner is residing with her parents, is taking care of the minor child, and is not employed while the Respondent is admittedly gainfully employed, this Court, without This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:36:22 expressing any opinion on the rival contentions regarding the exact quantum of the Respondent's income, is of the view that the interest of justice would be subserved by transferring HMA Petition No. 1489/2024, titled “Kishore Singh v. Anita Rathi”, from the Court of the learned Principal Judge, Family Court, North-West District, Rohini Courts, New Delhi, to the Court of the learned Principal Judge, Family Court, Karkardooma Courts, East District, Delhi. 11. Accordingly, the present Petition stands allowed. The learned Principal Judge, Family Court, North-West District, Rohini Courts, New Delhi, is requested to transmit the entire original record of HMA Petition No. 1489/2024 to the Court of the learned Principal Judge, Family Court, Karkardooma Courts, East District, Delhi, within a period of four (04) weeks from today. 12. At this stage, learned counsel appearing on behalf of the Petitioner, on instructions, submits that the Petitioner shall reimburse to the Respondent the sum of Rs. 10,000/-, being the fee paid to the learned Local Commissioner appointed by the learned Family Court at Rohini, within a period of two (02) weeks from today. 13. The present Petition, along with all pending application(s), if any, stands disposed of in the above terms. HARISH VAIDYANATHAN SHANKAR, J. JULY 24, 2026/LP/jk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:36:22