Veer Singh v. Kinri Dhir

Delhi High Court · 02 Aug 2024 · 2024:DHC:5728
Manoj Jain
CM(M) 3092/2024
2024:DHC:5728
family other Procedural

AI Summary

The High Court granted liberty to the petitioner to file an affidavit of non-opposition in a guardianship petition and left it to the trial court to pass appropriate orders without expressing any opinion on merits.

Full Text
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CM(M) 3092/2024 1
HIGH COURT OF DELHI
Date of Decision: 02nd August, 2024
CM(M) 3092/2024 & CM APPL. 43950-43952/2024
VEER SINGH .....Petitioner
Through: Mr. Gaurav Gupta
WITH
Mr. Nikhil Kohli, Mr. Akshaya Ganapth and
Ms. Saumya Tiwari, Advocates.
VERSUS
KINRI DHIR .....Respondent
Through: Ms. Geeta Luthra, Sr. Advocate (through V.C.) and Ms. Shivani Luthra Lohiya
WITH
Ms.Asmita
Narula and Ms. Pranya Madan, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. The present petition has been filed by Mr. Veer Singh, who is defending a Guardianship Petition No.24/2021 before the learned Trial Court.

2. When the aforesaid matter was taken up by the learned Principal Judge, Family Court, South East District, Saket on 10.07.2024, the petitioner herein stated that he did not wish to oppose the above petition under Sections 7, 10 and 25 of the Guardians and Wards Act, 1890. However, since Ms. Dhir had expressed some reservation and apprehension, the Court thought it appropriate to proceed with the matter on merits.

3. During course of the arguments, learned counsel for the CM(M) 3092/2024 2 petitioner Veer Singh states that he would file affidavit before the learned Trial Court, clearly and specifically mentioning therein that he does not wish to contest the matter and the learned Trial Court may be requested to pass appropriate orders, based on such affidavit to be filed by him.

4. After hearing both the sides, the present petition is disposed of with the observation that the petitioner Veer Singh would be at liberty to file any such affidavit or application before the learned Trial Court, expressing his inclination not to contest the matter. It would be upto the learned Trial Court to consider such affidavit and to pass appropriate order, either with respect to the entire petition or part thereof.

5. It is clarified that this Court has not expressed any opinion with respect to the merits of the case. All the rights and contentions of the parties are reserved.

JUDGE AUGUST 02, 2024