Full Text
HIGH COURT OF DELHI
Date of Decision: 31.05.2024
HARSIMRAN SINGH ..... Appellant
Through: Mr. Rajesh Kumar and Mr. R. P., Advocates.
Through: None.
HON'BLE MR. JUSTICE AMIT BANSAL [Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. : (ORAL)
JUDGMENT
1. This appeal was listed before us yesterday, i.e., 30.05.2024. After hearing learned counsel of the appellant, i.e., Mr. Rajesh Kumar we broadly noted the grievance articulated in the appeal. For convenience, the relevant parts of the order dated 30.05.2024 are extracted hereafter:
the bank details were not available. 4.[1] This aspect will be examined on the next date of hearing.
5. Issue notice to the respondent via all permissible modes, including e-mail.”
2. Learned counsel for the appellant informs us that pursuant to the order issued by the Court on 30.05.2024, service has been affected on the respondent as well as his counsel. A hard copy of the affidavit of service, along with a copy of the e-mail and a screenshot of the WhatsApp message is tendered before us.
3. Despite service, the respondent has not entered appearance. It appears that the respondent is either not interested in opposing the appeal or is attempting to delay the proceedings.
4. Thus, given the circumstances obtaining in the matter, we are inclined to grant one more opportunity to the appellant to have the matter decided on merits.
5. Accordingly, the impugned judgment and order dated 15.05.2024 is set aside. The appellant will have the opportunity to appear and tender evidence in the matter.
6. The appellant will also pay costs of Rs.2,500/- to the respondent on the next date of hearing before the Family Court.
7. The appellant will remain physically present on the next date of hearing fixed before the Family Court.
8. Since we are told that an affidavit of evidence has been filed, the Family Court will take next steps in the matter, and if time permits, will have those who tender their affidavits of evidence cross-examined by the counsel for the respondent.
9. The appeal is disposed of in the aforesaid terms. Consequently, pending interlocutory applications shall also stand closed.
10. The Registry will dispatch a copy of the order passed today to the concerned Family Court.
RAJIV SHAKDHER, J AMIT BANSAL, J MAY 31, 2024