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Delhi High Court - Orders

Pankaj Jain vs Parul Jain on 5 October, 2023

Author: Navin Chawla

Bench: Navin Chawla

                                    $~3
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CM(M) 490/2023 & CM APPL. 14707/2023, 19950/2023,
                                                25803/2023, 25846/2023,
                                                PANKAJ JAIN                                 ..... Petitioner
                                                                 Through: Mr.Prashant Mendiratta, Mr.Rishabh
                                                                            Bansal,  Ms.Himanshi        Malhotra,
                                                                            Ms.Somyashree, Mr.Sanchit Saini,
                                                                            Advs.
                                                                 versus
                                                PARUL JAIN                                  ..... Respondent
                                                                 Through: Ms.Malavika Rajkotia, Mr.Ramakant
                                                                            Sharma,    Mr.Prateek        Avasthi,
                                                                            Ms.Aashna Talwar, Ms.Sajal Arora,
                                                                            Advs.
                                                CORAM:
                                                HON'BLE MR. JUSTICE NAVIN CHAWLA
                                                                 ORDER

% 05.10.2023 CM APPL. 51291/2023

1. This application has been filed by the petitioner seeking withdrawal of the present petition.

2. The learned counsel for the respondent submits that the present application has been filed stating that the petitioner has withdrawn the Guardianship Petition bearing GP No.54 of 2018 titled Pankaj Jain vs. Parul Jain, filed before the learned Family Court. She submits that the statement is incorrect inasmuch as only an application seeking withdrawal of the said petition has been filed before the learned Family Court. She submits that she would be opposing the said application before the learned Family Court.

3. Be that as it may, as the present petition challenges only an interim 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 09/10/2023 at 21:19:23 order passed by the learned Family Court, which the petitioner now wishes to withdraw without seeking any further liberty from this Court, the application is allowed and the present petition and the pending applications are dismissed as withdrawn.

CONT. CAS (C)........../2023 (To be numbered)

4. This Court by its orders dated 10.05.2023 and 15.05.2023, directed the petitioner to produce the child before this Court. As in spite of those orders, the petitioner did not produce the child before this Court, this Court was constrained to issue a notice of contempt to the petitioner, vide its order dated 17.05.2023.

5. Even though by the present order, the petitioner has been allowed to withdraw the present petition, however, the contempt still survives and the petitioner persists with his contemptuous conduct.

6. Accordingly, the Registry is directed to register the contempt separately.

7. The learned counsel for the contemnor (Mr.Pankaj Jain) submits that the reply has been filed to the contempt. The same shall also be placed in the file of the contempt petition.

8. The learned counsel for the parties request that the contempt be placed before the Roaster Bench.

9. Subject to the orders of Hon'ble the Chief Justice, list the Contempt Petition before the Roster Bench on 13th October, 2023.

NAVIN CHAWLA, J OCTOBER 5, 2023/Arya Click here to check corrigendum, if any 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 09/10/2023 at 21:19:23