Delhi High Court - Orders
Naved Yar Khan & Anr vs Hayat Yar Khan & Ors on 15 September, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 75/2020 & CM APPLs. 2835/2020, 38506/2021, 19923/2022
NAVED YAR KHAN & ANR ..... Petitioner
Through: Dr. Amit George, Amicus Curiae
Petitioner No. 1 in person (through
VC)
versus
HAYAT YAR KHAN & ORS ..... Respondent
Through: Mr. Aly Mirza, Advocate
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 15.09.2023
1. The arguments of the learned Amicus Curiae, the Petitioner No. 1 in person and the learned counsel for the Respondents have been heard.
2. The learned Amicus Curiae apprised the Court that based on his personal inter-actions with Petitioner No. 2 in presence of the Senior Mediator appointed by this Court, in his opinion the Petitioner No. 2 has a genuine need for an independent space for living in a dignified manner. He suggested that it would be in interest of Petitioner No. 2 if the Court interacted with her in person before passing necessary orders. 2.1. Learned counsel for the Respondents stated that in past Respondent No. 2 used to look after Petitioner No. 2. He states that Respondent No. 3 has sufficient space and is willing to look after the interests and needs of Petitioner No. 2; and make arrangement for appropriate living space at her own house. He stated that the Respondents are opposed to selling the Petitioner No. 2's assets as they apprehend that Petitioner No. 1 will usurp 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 16/09/2023 at 19:40:13 the sale proceeds and not act in the interest of the Petitioner No. 2. He states that the assets are a security for future contingencies of Petitioner No. 2. 2.2. The Petitioner No. 1 has stated that Petitioner No. 2 is well settled with his family where she has been residing for past many years and displacing her is not in her interests and therefore the counsel's suggestion to provide her with residence at Respondent No. 3's house is not in her interest. He states that the Petitioner No. 1's proposal to sell the existing assets of Petitioner No. 2 and purchase the flat adjoining the Petitioner No. 1's existing flat is in the interest of Petitioner No. 2. 2.3. The Learned Amicus Curiae as well stated that in his personal inter- action with Petitioner No. 2, she had communicated with him that she likes spending time with the grandchildren of Petitioner No. 1. He informed the Court that Petitioner is about 67 years old herself.
3. After hearing the parties, it was suggested by the Court that to allay the concerns of the Respondents, the Petitioner No. 1 alongwith one of the Respondents can be appointed as a joint guardian for overseeing the sale of the assets admittedly belonging to the Petitioner No. 2 and for purchase of an independent flat for Petitioner No. 2, in her own name, adjoining the flat of Petitioner No. 1; with safeguards to ensure that the walls of the new purchased flat are not tampered/demolished with in any manner and the said new flat remains an independent unit; with title in the name of Petitioner No.
2. In this manner the needs of Petitioner No. 2 for an independent space will be addressed and she could as well continue to live next to Petitioner No. 1's family as is the present arrangement; and the new asset will be in her name. Since Petitioner No. 2 is about 67 years the sale of her assets to purchase a new flat in her name is in her interest.
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 16/09/2023 at 19:40:13 3.1. The learned counsel for the Respondents seeks adjournment to take instructions in the matter from the Respondents.
3.2. The Petitioner No. 1 stated that he has suggested breaking of the wall between the adjoining proposed new flat and his existing flat, to facilitate ease of access to Petitioner No. 2 and himself.
3.3. The learned Amicus Curiae reiterated that it would be in the interest of Petitioner No. 2 if this Court interacts with her in person before passing orders.
4. Accordingly, before adjudicating on the issues it is deemed appropriate to meet the Petitioner No. 2 in person as noted by the predecessor bench in the earlier order dated 05.01.2023. The Petitioner No.2 and Respondent No.2 are directed to remain present in Court on Saturday i.e., 07.10.2023 at 12:00 P.M.
5. The said date has been fixed as per the convenience of the parties.
6. The learned Amicus Curiae is requested to inform Ms. Veena Ralli, Senior Mediator who had previously interacted with Petitioner No.2, to make an endeavour to remain present in Court on the said date.
7. List on Saturday i.e., 07.10.2023 at 12:00 P.M. MANMEET PRITAM SINGH ARORA, J SEPTEMBER 15, 2023/msh/sk The Court master has placed before this Bench the email dated 15.09.2023 addressed by Petitioner No. 1 to the Registrar General in the evening subsequent to the hearing. The contents of paragraph 3 and 4 therein are unwarranted. The matter was heard for more than 40 minutes and 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 16/09/2023 at 19:40:13 Petitioner No. 1 was heard at length. The date was fixed as per the convenience of Petitioner No. 1. In view of the email, it would be appropriate if the matter is placed before another Bench.
Subject, to the orders of the Hon'ble Chief Justice list before another bench on 20.09.2023.
The date of 07.10.2023 stands cancelled.
The registry is directed to send this order to the parties and the Amicus Curiae by email.
MANMEET PRITAM SINGH ARORA, J SEPTEMBER 15, 2023/msh/sk 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 16/09/2023 at 19:40:13