Delhi High Court - Orders
Kiran Jyot Maini vs Anish Pramod Patel on 27 January, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 134/2023
KIRAN JYOT MAINI ..... Petitioner
Through: Mr. Gaurav Bhatia, Sr. Adv. wtih Mr.
Sushant Singh and Mr. Vikas Tiwari, Mr. Pawan
Shree Agrawal, Ms. Soumya Dhankani, Ms.
Shubhangi Negi, Advs.
versus
ANISH PRAMOD PATEL ..... Respondent
Through:
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 27.01.2023 CM APPL. 4075/2023 & CM APPL. 4076/2023- Ex.
1. Exemptions allowed, subject to all just exceptions.
2. The applications stand disposed of.
CM(M) 134/2023 & CM APPL. 4074/2023- Stay
3. The present petition, preferred by the wife, who was the respondent in the divorce petition preferred by the respondent/husband, seeks to assail the orders dated 20.06.2018, 12.09.2018 and 11.06.2019 passed by the learned Family Court, Bandra, Mumbai.
4. Learned senior counsel for the petitioner submits that as the petitioner is a resident of NOIDA, she was unable to appear before the learned Family Court at Bandra, Mumbai on 20.06.2018 and 12.09.2018, on which date, learned Family Court directed that the matter be proceeded without her written statement. However, even though she Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:30.01.2023 11:24:38 moved an application seeking permission to file the written statement, the same came to be rejected vide the impugned order dated 11.06.2019 despite proceedings before the learned Family Court having already been stayed by the Apex Court on 29.04.2019.
5. Upon the petitioner taking steps, issue notice to the respondent through all permissible modes. Counter affidavit, if any, be filed within four weeks.
6. Taking into account the petitioner's plea, which is prima facie borne out from the record, that the date on which the petitioner's application for permission to file written statement was rejected after the proceedings before the learned Family Court had been stayed by the Apex Court by way of order dated 29.04.2019 in Transfer Petition (Civil) 724/2019, It is directed that the proceedings before the learned Family Court will remain stayed till the next date.
7. List on 16.03.2023.
REKHA PALLI, J JANUARY 27, 2023 acm Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:30.01.2023 11:24:38