Delhi High Court - Orders
Sanjana Sharma vs Ashok Sharma on 17 March, 2023
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 76/2023
SANJANA SHARMA ..... Appellant
Through: Ms. Seema Rewal Issar, Adv.
versus
ASHOK SHARMA ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 17.03.2023
CM APPL. 13036/2023
1. Allowed, subject to all just exceptions.
MAT.APP.(F.C.) 76/2023 & CM APPL. 13037/2023
2. Appellant impugns order dated 06.03.2021, whereby the application of the respondent under Order VII Rule 11 CPC has been returned to be presented to the court of competent jurisdiction.
3. Learned counsel for the appellant submits that the respondent at the time of filing of the petition was residing in Delhi at Ghitorni. The petitioner though a permanent resident of USA, at the time of filing of the petition, was residing with her parents at Vasant Kunj within the territorial jurisdiction of the Family Court at Patiala House. She further submits that the evidence of the petitioner has been concluded and the Signature Not Verified Digitally Signed By:MEENU KALRA MAT.APP.(F.C.) 76/2023 Page 1 of 2 Signing Date:20.03.2023 17:31:27 matter is now listed for the evidence of the respondent and in case the petition is returned at this stage, substantial delay will occur.
4. She submits that in case this court is not inclined to uphold the challenge to the impugned order in the alternatively, in exercise of powers under Section 24 of the Code of Civil Procedure the entire proceedings be transferred from the Family Court at Patiala House Court to Family Court at Saket Court.
5. She further submits that appellant would like to explore the possibility of a settlement.
6. Issue notice, returnable on 27.07.2023.
SANJEEV SACHDEVA, J VIKAS MAHAJAN, J MARCH 17, 2023/NSA Signature Not Verified Digitally Signed By:MEENU KALRA MAT.APP.(F.C.) 76/2023 Page 2 of 2 Signing Date:20.03.2023 17:31:27