Delhi High Court - Orders
Swati Saista vs Dhirendra Kumar on 6 May, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.R.P. 68/2022 and CM APPL. 21707/2022 (exemption) and
21708/2022 (stay)
SWATI SAISTA ..... Petitioner
Through: Petitioner-in-person
versus
DHIRENDRA KUMAR ..... Respondent
Through: Mr.Ajit Kumar and Mr.Om Prakash,
Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 06.05.2022 The revisionist who appears in person questions the order of 16 December 2021 passed by the Family Judge. That order has principally proceeded to frame issues in respect of the Hindu Marriage Act, 1955 (HMA) proceedings which have been initiated by the respondent. The grievance of the revisionist appears to be that her allegations made under the Protection of Women from Domestic Violence Act, 2005 are not being taken up for consideration. It is additionally submitted that the complaint as made by the respondent would itself establish that the case as set forth before the Family Judge is clearly contradictory. The revisionist further prays for the allegations made in respect of domestic violence to be also tried in proceedings which have been instituted before the Family Judge.
Signature Not Verified Digitally Signed By:NEHA Signing Date:07.05.2022 17:04:37The Court notes that insofar as the question of a contradictory stand having been struck by the respondent is concerned, Issue No. 2 has been clearly framed by the Family Judge and would thus allay any apprehension that the revisionist may have in this regard. Insofar as the asserted right of the revisionist to lay a counter-claim resting on allegations of domestic violence is concerned, it is always open for her to raise those issues before the Family Judge, if otherwise permissible in law.
Subject to the aforesaid observations, this revision petition shall stand dismissed along with pending applications.
YASHWANT VARMA, J.
MAY 6, 2022/rb Signature Not Verified Digitally Signed By:NEHA Signing Date:07.05.2022 17:04:37