Delhi High Court - Orders
Sumit Aneja vs Gursimran Kaur on 13 April, 2022
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~124(Appellate Side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 348/2022, CM APPL. 18380/2022, CM APPL.
18381/2022 & CM APPL. 18382/2022
SUMIT ANEJA ..... Petitioner
Through: Mr. Manohar Lal & Mr.
Chaitanya Rohilla, Advs.
versus
GURSIMRAN KAUR ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (O R A L)
% 13.04.2022
CM(M) 348/2022
1. The petitioner before this Court was, is also, before the learned Family Court Judge in GB Case No. 10/2022, which was adjourned to 29th September, 2022.
2. As the issue involves custody of the minor daughter of the petitioner, and the petitioner claims that the respondent was not allowing the petitioner to meet his daughter, the petitioner moved an application, seeking advancing of the date of hearing. That application is at Page 64 of the paperbook.
3. Mr. Manohar Lal, learned Counsel for the petitioner submits Signature Not Verified Digitally Signed CM(M) 348/2022 Page 1 of 3 By:SUNIL SINGH NEGI Signing Date:27.04.2022 16:37:27 that, in stead of taking a decision on the application for early hearing, the learned Family Court Judge has merely entered a hand written endorsement on the application, re-notifying it for issuing notice on the application for the date already fixed in the main matter on filing of process fee.
4. In applications for early hearing, the purpose of the application is lost if notice is issued for the date already fixed. Where a party is absent when the application is called out, such a course of action may be permissible. Where the applicant is present, however, even if notice is required to be issued to the other side, it could be for a short date so that, if a case for advancing hearing is made out, the date of hearing may be preponed.
5. Effectively, by issuing notice on the petitioners' application, the application itself has been rendered infructuous, as the prayer was for advancing the date of hearing to a date earlier than 29 th September, 2022, when it is already listed.
6. In view thereof, I am of the opinion that the interests of justice would be sub-served if this petition is disposed of with a direction to the learned Family Court Judge to take up the application by setting aside the direction of the learned Family Court Judge of re-notifying application for 29th September, 2022, being the date already fixed and requesting the learned Family Court Judge to take up the application on 25th April, 2022. It is made clear that it would be for the learned Family Court Judge to decide as to whether the prayer for early hearing is justified or not and this Court does not express any opinion Signature Not Verified Digitally Signed CM(M) 348/2022 Page 2 of 3 By:SUNIL SINGH NEGI Signing Date:27.04.2022 16:37:27 in the matter.
7. The petition stands disposed of in the aforesaid terms.
C.HARI SHANKAR, J APRIL 13, 2022 SS Signature Not Verified Digitally Signed CM(M) 348/2022 Page 3 of 3 By:SUNIL SINGH NEGI Signing Date:27.04.2022 16:37:27