Rama Rajendran vs Amit Singh Panwar

$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 31.08.2026
# CNR No. DLHC010214132026
+ TR.P.(C.) 103/2026
RAMA RAJENDRAN .....Petitioner
Through: Ms. Aditee Mathur and Mr.
Rajat Mathur, Advocates along
with Petitioner in person
through Video Conferencing.
versus

AMIT SINGH PANWAR .....Respondent
Through: Mr. Rahul Maurya and Mr.
A.A. Siddiqui, Advocates along
with Respondent in person
through Video Conferencing.
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR

% JUDGEMENT (Oral)
1. In view of Notification No. 85/G-4/Genl.-I/DHC dated
21.08.2026, whereby the matters fixed for 27.08.2026 were directed to
be taken up on 31.08.2026, the present matter is taken up today.
2. The present Petition has been filed under Section 24 read with
1
Section 151 of the Code of Civil Procedure, 1908 , seeking transfer
2
of the proceedings in Guardianship Petition No. 91/2022 , filed
3
under Sections 7 to 10 of the Guardians and Wards Act, 1890 read
4
with Sections 6 & 13 of the Minority and Guardianship Act, 1956 ,
titled “ Amit Singh Panwar & Anr. vs. Rama Rajendran & Anr.”, along

1
CPC
2
GP
3
GW Act
4
MG Act
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:02.09.2026
14:45:44
TR.P.(C.) 103/2026 Page 1 of 5

with HMA No. 2414/2025, filed under Section 10 of the Hindu
5
Marriage Act, 1955 , seeking a decree of judicial separation, titled
“ Amit Singh Panwar vs. Rama Rajendran”, both pending before the
learned Additional Principal Judge, Family Courts, District South-
6
West, Dwarka, Delhi , to the learned Family Court, District South,
7
Saket Courts, Delhi .
3. Learned counsel appearing on behalf of the Petitioner submits
that the Petitioner is a working mother and is also taking care of a
minor child. She submits that the minor child attends school till
approximately 01:00 PM and thereafter goes to a creche situated in
Aya Nagar, Delhi, within the campus of the official accommodation
where the Petitioner resides.
4. She further submits that the residence, office and creche of the
Petitioner are all situated in and around Aya Nagar, Delhi and that the
Saket District Court is considerably more convenient and accessible
for her as compared to Dwarka District Court.
5. She submits that, being the primary caregiver of the minor
child, the Petitioner would be able to attend the proceedings at Saket
Courts while also remaining in a position to attend to the child, if
required.
6. Per contra , learned counsel appearing on behalf of the
Respondent submits that, in the GP, the address furnished by the
Petitioner is that of Dwarka and that the Petitioner had herself
indicated that she would have no objection to the proceedings
continuing before the Dwarka Courts.

5
HM Act
6
learned Family Court
7
learned Transferee Court
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:02.09.2026
14:45:44
TR.P.(C.) 103/2026 Page 2 of 5

7. Learned counsel for the Respondent further submits that the
Respondent has his residence at Charkhi Dadri, Haryana and travels
from Kolkata to Delhi whenever the proceedings are listed. He
submits that Charkhi Dadri is considerably farther from Saket than
from Dwarka and that the proposed transfer would, therefore, cause
greater inconvenience to the Respondent.
8. He further submits that the mother of the Respondent is likely
to be subjected to cross-examination and is already at an advanced age
and suffering from osteoporosis and other medical ailments. He
submits that requiring her to undertake a longer journey to Saket
would cause her considerable hardship.
9. It is further submitted that the present Petition is merely a
dilatory tactic, particularly when the proceedings before the Dwarka
Courts are at an advanced stage, and any transfer at this stage would
result in further delay in the adjudication of the proceedings.
10. Learned counsel for the Respondent also submits that the
learned Dwarka Court has declined the Petitioner's request to recall
the Respondent as a witness and that the present Petition is an attempt
to circumvent the said order and secure, indirectly, an opportunity to
have the Respondent recalled.
11. This Court has heard learned counsel appearing on behalf of the
parties and has also considered the submissions advanced by the
Petitioner and the Respondent, who have joined the proceedings
through Video Conferencing.
12. In considering a request for transfer in matrimonial
proceedings, the convenience of the parties has to be examined in the
context of the circumstances obtaining in each case.
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:02.09.2026
14:45:44
TR.P.(C.) 103/2026 Page 3 of 5

13. In the present case, the Petitioner is residing in Delhi and is also
the primary caregiver of the minor child. She has specifically placed
before this Court the difficulties which she faces in travelling from
Aya Nagar to Dwarka, particularly having regard to the location of the
child's school and creche.
14. At the same time, the inconvenience pleaded on behalf of the
Respondent and his mother cannot be disregarded. However, insofar
as the Respondent himself is concerned, he admittedly travels to Delhi
only for the purpose of attending the proceedings.
15. In these circumstances, this Court is of the view that the
difference in inconvenience occasioned to him by having to attend
proceedings at Saket Courts instead of Dwarka Courts would not, by
itself, outweigh the difficulties demonstrated by the Petitioner,
particularly when the latter is required to balance her attendance in
Court with the care of the minor child.
16. Insofar as the mother of the Respondent is concerned, the
apprehension regarding the hardship likely to be caused on account of
her medical condition can appropriately be addressed by the learned
transferee Court. The learned Court may, keeping in view her age and
medical condition, regulate the cross-examination and other
proceedings in such a manner as to ensure that she is subjected to the
least possible inconvenience.
17. The submission that the transfer would result in delay also does
not persuade this Court. The proceedings are being transferred from
one Family Court to another, and the record would necessarily
accompany the proceedings, and the transfer, in itself, cannot be
presumed to occasion any undue delay, particularly when the learned
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:02.09.2026
14:45:44
TR.P.(C.) 103/2026 Page 4 of 5

transferee Court can proceed from the stage at which the proceedings
presently stand.
18. As regards the submission that the present Petition has been
filed to circumvent the order declining recall of the Respondent as a
witness, this Court finds no sufficient basis to accept the same. The
transfer of proceedings is being considered on the basis of the
circumstances placed before this Court and the overall convenience of
the parties, and not for the purpose of determining the Petitioner's
entitlement to recall any witness. Any such request would necessarily
be considered by the learned transferee Court in accordance with law.
19. In view of the aforesaid, and particularly considering the
Petitioner's position as the caregiver of the minor child and the
comparative convenience of conducting the proceedings at Saket
Courts, this Court is of the view that the present Petition deserves to
be allowed.
20. The present Petition is, accordingly, allowed and GP No.
91/2022 and HMA No. 2414/2025, presently pending before the
learned Family Court, are hereby transferred to the learned transferee
Court.
21. The learned Family Court is requested to transmit the complete
case records, along with all documents forming part thereof, to the
learned transferee Court within a period of four (04) weeks from the
date of this Order, and thereafter the matters be listed accordingly.
22. The present Petition, along with pending application(s), if any,
stands disposed of in the aforesaid terms.

HARISH VAIDYANATHAN SHANKAR, J.
AUGUST 31, 2026/nd/jk
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:02.09.2026
14:45:44
TR.P.(C.) 103/2026 Page 5 of 5