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Ravina Dahiya vs. Aman Kumar

Transfer Petition (Civil) · 2026:DHC:7940Decided 16 Sept 2026New Delhi Bench
TR.P.(C.) 194/2025CNR: DLHC010828362025
Justice Harish Vaidyanathan Shankar

Background

The wife sought to transfer her husband's divorce petition from the Dwarka family court to the Rohini family court, citing that five other related proceedings between the parties (a domestic violence complaint, a maintenance petition, and three FIRs) were already pending in or triable by courts in Rohini, and that she lived nearby with her twin minor daughters. The husband opposed, alleging (without any supporting documents) that he faced a threat in Rohini and that the wife had fabricated her residence proof.

Decision Breakdown

The Court held that the power to transfer a case is discretionary and must weigh the parties' relative convenience, including proximity to the court, care of minor children, and whether related cases are already pending elsewhere. It found the wife's circumstances, caring for two young daughters, living near Rohini, and needing to litigate five connected cases there, outweighed the husband's unsubstantiated objections. The Court also rejected the argument that the husband should get to keep this one proceeding at his preferred forum simply because it was "the only one" where he had a choice.

Lesson Learnt

In matrimonial disputes, courts favour consolidating related litigation at one convenient forum, particularly to ease the burden on a parent caring for young children: vague, undocumented objections from the other side are unlikely to prevent such a transfer.

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