Nitish Taneja v. Ayushi Arora

Delhi High Court · 19 Sep 2024 · 2024:DHC:7292
Manoj Jain
CM(M) 3420/2024
2024:DHC:7292
family petition_dismissed

AI Summary

The High Court dismissed the petition challenging the Family Court's refusal to grant early hearing in a maintenance case, emphasizing limited interference under Article 227.

Full Text
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CM(M) 3420/2024
HIGH COURT OF DELHI
Date of Decision: 19th September, 2024
CM(M) 3420/2024, CM APPL. 54813/2024 & CM APPL. 54814/2024
NITISH TANEJA .....Petitioner
Through: Mr. Mohan Lal
WITH
Mr. Chaitanya Rohilla, Advocates.
VERSUS
AYUSHI ARORA .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner is defending a petition seeking maintenance filed by his wife. Such petition filed under Section 125 Cr.P.C is at the stage of PE.

2. The petitioner herein i.e husband filed an application seeking early hearing but such application did not find any favour.

3. Such order dated 17.08.2024 is under challenge.

4. This Court has also seen the various previous orders passed by the learned Judge, Family Court from time to time and it noticed that on few occasions, the date had rather been sought from the side of the respondent only. CM(M) 3420/2024

5. Be that as it may, keeping in mind the overall facts and circumstances of the case, this Court does not find it appropriate to interfere in the matter while keeping in mind the limited scope of petition filed under Article 227 of Constitution of India.

6. The petition is, accordingly, dismissed.

7. Needless to say, the petitioner would always be at liberty to make request to the learned Judge, Family Court to expedite the recording of evidence and it is expected that the learned Trial Court would not give any unnecessary adjournment to either of the parties.

JUDGE SEPTEMBER 19, 2024