Full Text
HIGH COURT OF DELHI
Date of Decision: 02nd May, 2025
TEJINDER SINGH .....Petitioner
Through: Mr. Giriraj S., Mr. Simarpal Singh Sawhney and Ms. Bijaharini G., Advocates.
Through: Mr. P. Banerjee, Ms. Mansi Sharma, Mr. Rehan Verma, Ms. Akansha Khera and Ms. Anshika, Advocates.
JUDGMENT
1. Petitioner is defending a petition which seeks maintenance under Section 18 of Hindu Adoption and Maintenance Act, 1956 and also seeks injunction.
2. When the abovesaid petition was taken up by learned Judge, Family Court, it, while granting time to defendant to file a reply, also restrained him from selling his property till the next date of hearing.
3. The grievance of the petitioner herein is, merely, to the effect that no such power is vested with the learned Judge, Family Court to issue any such restraint order.
4. The matter is now coming up for further consideration before the learned Trial Court tomorrow itself at 2:00 P.M. CM(M) 811/2025 2
5. It is informed that part arguments have already been heard by learned Judge, Family Court.
6. The present petition is disposed of with request to the learned Judge, Family Court to consider the abovesaid application moved by the plaintiff and to dispose the same in accordance with law, after giving due opportunity of hearing to both the sides.
7. It is expected that both the sides would render due assistance and cooperation before the learned Trial Court in this regard and the learned Trial Court is also requested to dispose of such application, as expeditiously as possible and, preferably, within a period of two weeks.
8. All the rights and contentions of the parties are left open.
9. It is also clarified that this Court has not made any observation with respect to the merits of the injunction request.
10. The present petition stands disposed of in aforesaid terms.
11. Pending applications, if any, stand disposed of.
JUDGE MAY 2, 2025/ss/SS