Delhi High Court - Orders
Shikha Taneja vs Manish Taneja on 27 January, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:29.01.2021
09:15:10
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM (M) 31/2021
SHIKHA TANEJA ..... Petitioner
Through: Mr. Manoj Kumar Yadav, Advocate.
(M:9212300981)
versus
MANISH TANEJA ..... Respondent
Through: Ms. Nidhi Yadav, Advocate.
(M:9999794155)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 27.01.2021
1. This hearing has been done in hybrid mode (physical and virtual hearing).
2. The Petitioners have jointly filed an application under Section 13B(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as "HMA Act") for divorce by mutual consent. Their grievance is that they have been living separately since February, 2018 and in view of the fact that there are various irreconcilable differences between the parties, the said petition was moved.
3. The petition was filed before the Principal Judge, Family Court, North District, Rohini, Delhi (hereinafter 'Family Court') on 4th March, 2020 and was registered as HMA No.315/2020. The Family Court vide order dated 16th September, 2020 allowed the first motion. Thereafter, on 15th October, 2020, a second motion under Section 13B(2) of the HMA was also filed along with an application for waiver of the six months' period which is to be completed before the filing of the second motion, as under Section 13B(2) of the HMA. The same was registered on 17th October, 2020 as HMA CM (M) 31/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:28.01.2021 11:18 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:29.01.2021 09:15:10 No.697/2020.
4. The Petitioner, Shikha Taneja, is stated to have obtained a job in a multinational company in London. Despite moving several applications, the second motion is not being taken up due to the fact that there is only one judge in the Family Court. The parties filed an application for transferring the petition for second motion, along with a prayer for early hearing, however, the same was dismissed by the Family Court on 14th December, 2020, and hence, the present petition.
5. Ld. counsels for the parties submit that there is only one Principal Judge, who is presiding in Family Court and hence, the matter may be shifted to the Family Court, North West District, Rohini, Delhi.
6. On the last date, vide order dated 15th January, 2021, the Registrar General was requested to put up a report as to the status of the posting of a judge in the Family Court. The Registrar General has put up a report on 18th January, 2021 that recommendation of posting/transfers of the judicial officers is pending consideration before the Hon'ble Chief Justice. It appears that the postings may be notified shortly.
7. Considering the nature of the matter and the fact that there will be further delay in shifting the matter to another district, it is directed that the Principal Judge, Family Court, North District, Rohini Courts shall take up the matter urgently on 2nd February, 2021 and pass appropriate orders, in accordance with law.
8. On the said date, if another judge is posted to the Family Court, North District, Rohini Courts, the Principal Judge may list the present matter before the said judge who may assume charge.
9. Considering the fact that the Petitioner has obtained the job in a CM (M) 31/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:28.01.2021 11:18 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:29.01.2021 09:15:10 foreign country, the Court shall sympathetically consider the said fact and expeditiously dispose of the matter in any case before 25th February, 2021.
10. The order be communicated by the Registrar (Appellate) to the Principal Judge, Family Court, North District, Rohini Courts, Delhi.
11. The present petition is disposed of with these directions.
PRATHIBA M. SINGH, J.
JANUARY 27, 2021/dk/Ap CM (M) 31/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:28.01.2021 11:18