Delhi High Court - Orders
Vartika Abhishek vs Abhishek Kumar on 29 October, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 967/2021, CM APPL. 39001/2021 & CM APPL. 39002/2021
VARTIKA ABHISHEK ..... Petitioner
Through Mr. Manashwy Jha, Adv.
versus
ABHISHEK KUMAR ..... Respondent
Through None.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 29.10.2021
1. The present petition is directed against the order dated 30.09.2021 passed by the learned Family Court in HMA No. 871/2021, whereunder the Family Court after observing that it was not satisfied with the affidavit of service filed by the petitioner-wife, had directed that the respondent-husband be served through all permissible modes at his fresh Ghaziabad address as well as US address for 14.12.2021.
2. Learned counsel for the petitioner submits that petitioner-wife preferred the divorce petition in July, 2021 and the respondent was duly served through Whatsapp, for which purpose, he draws my attention to the screenshot of the Whatsapp chat between the parties to contend that once the respondent stood served, there was no reason for the learned Family Court to direct the issuance of a fresh summons.
3. Having perused the order passed by the learned Family Court as also Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:30.10.2021 19:39:46 the Whatsapp chat, I am of the view that Family Court has, in fact, adopted the right course of action by directing that the respondent be served afresh. The Whatsapp chat on which heavy reliance has been placed by the petitioner, does not show that the respondent has, in categorical terms, admitted that he was served with the summons of the learned Family Court.
4. The petitioner has also sought an alternate prayer for directions to the Family Court to expeditiously decide her pending petition. A perusal of the record shows that the petition was filed only in July, 2021 and is now listed on 14.12.2021. In these circumstances, no directions of the nature prayed for are warranted at this stage.
5. The present petition alongwith pending applications is, accordingly, dismissed.
REKHA PALLI, J OCTOBER 29, 2021 ms Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:30.10.2021 19:39:46