Facts
The petitioner, Ravina Dahiya, filed a petition under Section 24 read with Section 151 of the Code of Civil Procedure, 1908, seeking transfer of HMA No. 1316/2025, Aman v. Ravina Dahiya, from the Family Court, South-West District, Dwarka, to the Family Court, North-West District, Rohini, Delhi.
Source reference: para. 1She relied on the pendency of five connected proceedings before, or triable by, the Rohini Courts, including a domestic violence complaint, a maintenance petition, and criminal proceedings arising from three FIRs.
Source reference: para. 2; p. 2She also stated that she resided in rented accommodation near her parental home at Pooth Khurd and was responsible for caring for her minor twin daughters, making attendance at the Dwarka Court difficult.
Source reference: paras. 3–4; pp. 2–3The respondent opposed the transfer, alleging that he faced a threat at Rohini and that the petitioner had fabricated residence documents; however, these assertions were not supported by corresponding pleadings or documentary material.
Source reference: paras. 5–8; pp. 3–5Issues
Whether, in the interests of justice and having regard to the parties’ relative convenience, the matrimonial proceeding should be transferred from the Family Court at Dwarka to the Family Court at Rohini under Section 24 CPC.
Source reference: paras. 9–10; pp. 3–4Whether the respondent’s unsubstantiated allegations of threat at Rohini and fabrication of residence documents were sufficient to defeat the petitioner’s request for transfer.
Source reference: paras. 12–14; pp. 4–5Whether the respondent could claim a unilateral choice of forum merely because the present matrimonial proceeding was the only proceeding in which he could allegedly choose the place of litigation.
Source reference: para. 13; p. 5Law Applied
Section 24 CPC confers a discretionary power of transfer, to be exercised in furtherance of the interests of justice; the court must consider the circumstances and relative convenience of the parties, including their economic position, place of residence, responsibility for minor children, and the inconvenience of conducting proceedings at the existing forum.
Source reference: para. 9; p. 3In matrimonial transfer matters, the hardship faced by a spouse responsible for the care of minor children is a relevant consideration.
Source reference: para. 11; p. 4The jurisdiction under Section 24 CPC does not confer an unfettered right on either party to select the forum, and unsupported allegations of prejudice, threat, or fabrication cannot outweigh established circumstances relevant to convenience and the ends of justice.
Source reference: paras. 12–14; pp. 4–5Reasoning
The Court found that five connected proceedings involving the parties were already pending before, or triable by, the Rohini Courts, making transfer conducive to the orderly and convenient prosecution of related litigation.
Source reference: para. 10; p. 4The petitioner’s residence near Pooth Khurd and her responsibility for two minor daughters created a substantial inconvenience in attending proceedings at Dwarka.
Source reference: para. 11; p. 4Although the respondent alleged a threat at Rohini and questioned the petitioner’s residence, he produced no supporting documents and had not properly pleaded these objections in his written submissions.
Source reference: paras. 8, 12, 14; pp. 3–5The Court further held that transfer would not operate exclusively to the petitioner’s advantage because the respondent was also required to contest several proceedings at Rohini. His assertion that he should be permitted to choose the forum was therefore rejected.
Source reference: paras. 13–15; pp. 5–6Holding
The Court allowed the transfer petition, holding that the cumulative circumstances—including the pendency of connected proceedings at Rohini, the petitioner’s residence near her parental home, her responsibility for two minor daughters, and the absence of substantiated prejudice to the respondent—served the interests of justice.
HMA No. 1316/2025, Aman v. Ravina Dahiya, was transferred from the Family Court, South-West District, Dwarka, to the Family Court, North-West District, Rohini, at the stage at which it stood.
Source reference: para. 17; p. 6The Dwarka Family Court was directed to transmit the complete record to the Rohini Family Court within four weeks.
Source reference: para. 18; p. 6The petition and pending applications were accordingly disposed of.
Source reference: para. 19; p. 6Acts & Sections Cited
4 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Civil Procedure, 19082
Protection of Women from Domestic Violence Act, 20051
Bharatiya Nagarik Suraksha Sanhita, 20231
Original Court PDF
Ravina DahiyavsAman Kumar
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