Delhi High Court - Orders
Samidha Sharma & Ors vs Rakesh Bhardwaj on 19 October, 2022
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 787/2019
SAMIDHA SHARMA & ORS. ..... Petitioners
Through: Mr.Sunil Mittal, Sr.Adv. with
Mr.Dhruv Grover, Ms.Shreya Maggu
and Mr.R.P.Sharma, advocates
versus
RAKESH BHARDWAJ ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 19.10.2022 Learned Senior counsel appearing for the petitioners submits that the application of the petitioners filed under Section 24 of the Hindu Marriage Act, 1955 (the HMA) is pending disposal before the learned Family Court. Learned senior counsel also submits that an application under Section 26 of the HMA of the respondent is also pending disposal.
I have gone through the impugned orders. Much water has flown under the bridges. The main grievance of the learned senior counsel for the petitioners is the visitation rights conferred by the learned Family Judge vide order dated 02.04.2018. Learned Principal Judge, Family court (South) is directed to decide the application filed under Section 26 of the HMA independently without being influenced by the order dated 02.04.2018.
Learned senior counsel also submits that he had moved an application for modification of the order dated 02.04.2018. Let the Principal Judge, Signature Not Verified Digitally Signed By:RAJ BALA Signing Date:20.10.2022 19:15:33 Family court decide the pending applications i.e. the application filed under Section 24 of the HMA filed by the petitioner herein, the application under Section 26 of the HMA filed by the respondent herein and an application filed by the petitioner for modification of order dated 02.04.2018 expeditiously.
Learned senior counsel appearing for the petitioners submits that in view of the above directions, he does not want to press this petition further, at this stage, with the liberty to raise all contentions and averments before the learned Family Court. Learned Family Court Judge shall also independently decide the right of the petitioners for litigation expenses without being influenced by the order dated 22.12.2018.
With the above directions, the present petition is dismissed as not pressed with liberty, as prayed.
DINESH KUMAR SHARMA, J OCTOBER 19, 2022 rb Signature Not Verified Digitally Signed By:RAJ BALA Signing Date:20.10.2022 19:15:33