Delhi High Court - Orders
Ashish Dubey vs Sara Carrier Dubey @ Sara Marie ... on 19 March, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 74/2021
ASHISH DUBEY ..... Plaintiff
Through: Mr. Gaurav Kejriwal and Mr. Kamran
Fazal, Advocates.
versus
SARA CARRIER DUBEY @ SARA MARIE MADELEINE
..... Defendant
Through: Dr. Aman Hingorani and Ms. Kritika
Anand, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 19.03.2021
1. The counsel for the Plaintiff states that he has instructions to say that in view of the objections being raised by the Defendant with respect to the maintainability of the present suit under Section 7 and 8 of the Family Court Act, 1984, this Court may direct the return of the plaint so that he can present it before the concerned Family Court.
2. Counsel for the Defendant states that he has filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 raising several other objections with respect to the maintainability of the suit and in the event the Court was to allow the request of the Plaintiff for return of the plaint, all such objections may be left open.
3. Accordingly, the plaint in the present suit is directed to be returned to the Plaintiff. Since the Plaintiff has specified that he proposes to present the Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:25.03.2021 12:13 returned plaint before the Family Court, Saket, it is directed that the parties shall appear before the said Court on 13th April, 2021. The counsel for the Defendant, who appears in Court today, has been given due notice of the order passed today. All the objections being raised by the Defendant under the application under Order 7 Rule 11 are left open. The Registry is directed to return the copy of the plaint along with all the pending applications and documents after retaining a copy thereof.
4. The date of 6th April, 2021 fixed before this Court, stands cancelled.
SANJEEV NARULA, J MARCH 19, 2021 nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:25.03.2021 12:13