Delhi High Court - Orders
Sanjay Bhatia & Anr vs Samakshi Bhatia on 30 November, 2022
Author: Sachin Datta
Bench: Sachin Datta
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 264/2019 and IA Nos.7248/2019, 13206/2019, 2236/2020,
10101/2020 and 9361/2021
SANJAY BHATIA & ANR. ..... Plaintiffs
Through: Mr. Harish Malhotra, Sr. Adv. along
with Mr. Siddharth Singh, Adv.
versus
SAMAKSHI BHATIA ..... Defendant
Through: Ms. Malavika Rajkotia, Ms. Akriti
Tyagi and Ms. Trisha Gupta, Advs.
along with defendant in person.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 30.11.2022
1. Vide order dated 12.09.2022, it was recorded as under:
"In the course of submissions made on this application under Order VII Rule 11 of the Code of Civil Procedure, 1908 read with section 8 of the Family Courts Act, 1984 for rejection for the plaintiffs submits that, in consonance with what is contemplated in section 19 (f) of the Protection of Women from Domestic Violence Act 2005, the plaintiffs are ready and willing to secure for the defendant alternate accommodation on a rental basis in lieu of her staying in the shared household.
2. Mr. Malhotra submits that a list of options of such alternate accommodation - comprising 02 bedrooms and a drawing-cum-dining room - in an appropriate locality would be given to Ms. Malvika Rajkotia, learned counsel appearing for the defendant, for the defendant's concurrence.
3. Ms. Rajkotia submits that the defendant would be willing to consider this option, subject to the suitability of the alternate accommodation offered on rental basis.
4. Mr. Malhotra fairly submits, that the matter may go-on in relation to the other reliefs sought.
5. In pursuance of the offer made on behalf of the plaintiffs, let the Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:06.12.2022 17:00:06 needful be done within 07 days. Counsel for the parties are directed to cooperate in that behalf.
6. For reporting progress, re-notify on 06 October 2022."
2. Further, vide order dated 02.11.2022, it was recorded as under:-
"Ms. Aakriti Tyagi, learned counsel appearing for the defendant, on instructions of the defendant who is present in-person, submits that the options for alternate accommodation offered by the plaintiffs are not acceptable to the defendant, since they are not in keeping with the living standards of the defendant and her son.
2. Counsel accordingly submits, that the defendant is attempting to identify appropriate residential accommodation herself, for which she seeks more time.
3. Counsel also submits that, considering the inventory available, she is finding it difficult to identify a two-bedroom apartment in Gurugram, Haryana; and to that extent, the plaintiff may show some flexibility despite what has been recorded in order dated 12.09.2022.Mr. Harish Malhotra, learned senior counsel appearing for the plaintiffs submits that subject to an appropriate apartment being identified by the defendant, the plaintiffs would consider this request.
4. Furthermore, Mr. Malhotra submits that the defendant is not co- operating in compliance of paras 3(b) and (c) of order dated 05.11.2019.The defendant, who is present in-person, states that she will co-operate in that behalf.
5. Re-notify on 30th November 2022."
3. Learned counsel for the defendant submits that the option/s being offered by the plaintiffs are completely unsuitable and as such, the parties are not in a position to arrive at an agreement as contemplated in the aforesaid orders.
4. List for disposal of I.A. 13206/2019 on 06.03.2023.
SACHIN DATTA, J NOVEMBER 30, 2022/cl Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:06.12.2022 17:00:06