Delhi High Court - Orders
Gautam Rawal vs Garima Rawal on 13 August, 2024
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Amit Bansal
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
CM Nos.46238-39/2024 in
+ MAT.APP.(F.C.) 4/2023
GAUTAM RAWAL .....Appellant
Through: Mr G.C. Rawal, Adv.
versus
GARIMA RAWAL .....Respondent
Through: Mr Amit Bhatia, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 13.08.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM Nos.46238-39/2024
1. CM No.46238/2024 has been filed on behalf of the respondent seeking recall of the judgment dated 19.03.2024. The said judgment has been delivered by a coordinate bench, which would be cognizant of the reasons as to why the respondent was proceeded ex-parte. 1.1 In fitness of things, it would be appropriate to place the application before the same bench.
2. Accordingly, list the above-captioned applications on 23.08.2024 before the bench which passed the ex-parte judgment dated 19.03.2024, subject to the orders of the Hon'ble Acting Chief Justice.
RAJIV SHAKDHER, J AMIT BANSAL, J AUGUST 13, 2024/aj 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 20/08/2024 at 20:30:40 $~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI CM No.46433/2024 in + MAT.APP.(F.C.) 190/2024 & CM No.41554/2024 NITEEN YEOLA .....Appellant Through: Ms Swaty Singh Malik, Mr Rohan Kumar, Ms Divisha Chaudhary and Ms Sasha Kumar, Advs.
versus
VARTIKA KATIYAR .....Respondent
Through: Ms Sumitra Choudhary, Mr Raghav
Raman, Ms Nitya Sharma and Ms
Jasmine Sheikh, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL ORDER % 13.08.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM No.46433/2024
1. This is an application moved on behalf of the appellant seeking correction in paragraph 2(iv) of the order dated 24.07.2024.
2. Issue notice to the non-applicant/respondent. 2.1 Ms Sumitra Choudhary accepts notice on behalf of the non- applicant/respondent.
3. Ms Choudhary says that she would have no objection if the error pointed out in the application is corrected.
4. Accordingly, paragraph 2(iv) of the order dated 24.07.2024 will read as follows:
MAT.APP.(F.C.) 190/2024 page 1 of 2 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 20/08/2024 at 20:30:40 "(iv) This arrangement will kick in from 31.08.2024 (Saturday) and 01.09.2024 (Sunday)."
5. The other parts of the order dated 24.07.2024 will remain unaltered.
6. The application is, accordingly, disposed of.
CM No.41554/20247. The learned counsel for the parties inform us that notice in the above- captioned application, preferred on behalf of the respondent, has not been issued.
8. Accordingly, issue notice.
8.1 Ms Swaty Singh Malik accepts notice on behalf of the non- applicant/appellant.
9. A reply will be filed within the next two (02) weeks.
10. We may note that at the hearing held on 24.07.2024, the non- applicant/appellant had undertaken to clear the arrears concerning maintenance and education expenses.
11. Ms Malik says that the arrears towards maintenance and education expenses will be liquidated, as agreed. According to Ms Malik, the gap, if any, in that behalf, occurred as the details and bills had not been received up until yesterday, i.e., 12.08.2024.
12. List the above-captioned application on 07.11.2024, i.e., the date already fixed in the appeal.
RAJIV SHAKDHER, J AMIT BANSAL, J AUGUST 13, 2024 aj Click here to check corrigendum, if any MAT.APP.(F.C.) 190/2024 page 2 of 2 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 20/08/2024 at 20:30:41 $~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 256/2024, CAV 381/2024 & CM Nos.46348- 50/2024 POONAM SINGH RAWAT .....Appellant Through: Ms Seema Durrany, Adv.
versus BHARAT SINGH RAWAT .....Respondent Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL ORDER % 13.08.2024 [Physical Hearing/Hybrid Hearing (as per request)] CAV 381/2024
1. Ms Seema Durrany, learned counsel, who appears on behalf of the appellant, informs us that the case papers were served on the respondent. 1.1 To be noted, there is no appearance on behalf of the respondent.
2. Having regard to the statement made by Ms Durrany, the caveat is discharged.CM No.46350/2024
3. Allowed, subject to just exceptions.
MAT.APP.(F.C.) 256/2024, CM Nos.46348 [Application filed on behalf of the appellant seeking interim relief] & CM No.46349/2024 [Application filed on behalf of the appellant seeking condonation of delay of 32 days in filing the appeal]
4. This appeal is directed against the judgment and decree dated 16.01.2024, passed by the family court. Via the impugned judgment, the MAT.APP.(F.C.) 256/2024 page 1 of 2 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 20/08/2024 at 20:30:41 marriage between the parties has been dissolved based on a divorce action filed by the respondent under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 [in short, "1955 Act"].
5. Ms Durrany says that the appellant had also filed a divorce petition, which was not heard along with the respondent's divorce petition.
6. According to Ms Durrany, the procedure adopted by the family court is contrary to the provisions of Section 21A of the 1955 Act. 6.1 We are told by Ms Durrany that the divorce petition filed by the appellant is pending adjudication.
7. Issue notice to the respondent via all permissible modes, including e- mail.
8. List the matter on 27.11.2024.
9. Meanwhile, the operation of the impugned judgment and decree shall remain stayed.
10. The parties will act based on the digitally signed copy of the order.
RAJIV SHAKDHER, J AMIT BANSAL, J AUGUST 13, 2024 aj Click here to check corrigendum, if any MAT.APP.(F.C.) 256/2024 page 2 of 2 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 20/08/2024 at 20:30:42 $~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EFA(OS) 9/2019 HARINDER SINGH & ORS .....Appellants Through: Mr Rohit Kumar, Adv.
versus PRAHLAD RAI ANAND & ORS .....Respondents Through: Mr Jatinder Kumar Sethi, Adv.
+ EFA(OS) 11/2019 NARESH ANAND (PREDECEASED SON) THR LRS .....Appellant Through: Mr Abhinav Sharma with Mr Manish Tanwar, Advs.
versus PRAHLAD RAI ANAND & ORS .....Respondents Through: Mr Rohit Kumar, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL ORDER % 13.08.2024 [Physical Hearing/Hybrid Hearing (as per request)]
1. Mr Jatinder Kumar Sethi, learned counsel, who appears on behalf of the respondents in EFA(OS) no.9/2019, seeks accommodation. 1.1 The request is not opposed by the learned counsel appearing on behalf of the other parties.
2. Accordingly, list the matters on 23.10.2024.
3. The interim order dated 22.08.2019 is made absolute during the pendency of the appeals.
EFA(OS) 9/2019 & connected page 1 of 2 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 20/08/2024 at 20:30:42
4. Consequently, CM no. 31160/2019 in EFA(OS) 9/2019 and CM no. 33475/2019 in EFA(OS) 11/2019 shall stand closed.
RAJIV SHAKDHER, J AMIT BANSAL, J AUGUST 13, 2024 pmc Click here to check corrigendum, if any EFA(OS) 9/2019 & connected page 2 of 2 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 20/08/2024 at 20:30:43