Delhi High Court - Orders
Amit Katyal vs Henna Alaggh on 31 May, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 959/2023
AMIT KATYAL ..... Petitioner
Through: Ms.Malvika Rajakotia with
Ms.Radhika Gupta, Ms.Trisha, Advs.
versus
HENNA ALAGGH ..... Respondent
Through: Ms.Ritika Jhurani with Mr.Shubham
Sharma, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 31.05.2023
CM APPL. 30557/2023 -Ex.
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 959/2023 & CM APPL. 30558/2023 -Addl. doc.
3. Vide the present petition, the petitioner in HMA No.960/2022, pending before the learned Family Court, Patiala House Courts seeks to assail the order dated 06.04.2023 passed in the said HMA.
4. Vide the impugned order, the learned Family Court has rejected the petitioner's application seeking an order restraining the respondent from disposing of the jewellery and cash, which the petitioner claims he had given to her as gifts during the subsistence of the marriage, which it is claimed by the petitioner was a nullity.
5. The primary submission of learned counsel for the petitioner is that This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 06:13:33 once the petitioner was seeking annulment of marriage under Section 12(1)(a) of the Hindu Marriage Act with a prayer that the marriage be declared a nullity, the gifts which the petitioner had given to the respondent cannot be treated as her stridhan. The respondent, therefore, has no right to retain the said goods/cash. Furthermore the respondent had herself preferred a petition seeking annulment of the marriage on the ground that the same was not consummated and, therefore, cannot now be allowed to take a contradictory stand that the marriage was consummated.
6. Issue notice. Learned counsel for the respondent accepts notice. She prays for and is granted six weeks time to file counter affidavit. Rejoinder thereto, if any, be filed within four weeks thereafter.
7. List on 14.08.2023.
CM APPL. 30556/2023 -Int. order.,
8. This is an application filed by the petitioner seeking interim direction.
9. Learned counsel for the petitioner, on instructions, does not press the present application at this stage with liberty to move a similar application if the need so arises after completion of pleadings.
10.The application stands dismissed as not pressed with liberty as prayed for.
REKHA PALLI, J MAY 31, 2023 sr This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 06:13:33