Vaibhav Oberoi v. Nimisha Dua

Delhi High Court · 06 Jul 2023 · 2023:DHC:4574-DB
Suresh Kumar Kait; Neena Bansal Krishna
MAT.APP.(F.C.) 52/2023
2023:DHC:4574-DB
family appeal_allowed

AI Summary

The Delhi High Court allowed the appellant's appeal against the Family Court's order refusing to take his written statement on record, subject to costs deposited for welfare purposes.

Full Text
Translation output
MAT.APP.(F.C.) 52/2023
HIGH COURT OF DELHI
Date of Decision: 06th July, 2023
MAT.APP.(F.C.) 52/2023 & CM APPL. 8686/2023
VAIBHAV OBEROI ..... Appellant
Through: Mr. Rosemary Raju, Advocate
VERSUS
NIMISHA DUA ..... Respondent
Through: Ms. Yashaswi S.K Cocksey and Mr. Mukesh Kumar
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. Vide the present appeal, the appellant is seeking following relief: “a.) Set aside the impugned Judgment and Order dated 15.10.2022 and 14.02.2023 passed by the Court of Shri Harish Kumar, Judge, Family Court, Patiala House Courts, Delhi in HMA No. 426/2022 and take the written statement filed by the Appellant on record.”

2. Though, learned counsel for the respondent has strongly opposed the present appeal on the ground that the same is not maintainable, however, if this Court is inclined to allow it heavy cost may be imposed on the appellant.

3. The appellant, who is personally present through video conferencing, submits that if the present appeal is allowed, he is ready to contribute an amount of Rs. 50,000/- for some welfare purposes.

4. Accordingly, in view of the statement made by the appellant, the Digitally MAT.APP.(F.C.) 52/2023 appeal is allowed, subject to deposit of costs of Rs. 50,000/-, whereof, an amount of Rs. 25,000/- shall be deposited with Nirmal Chhaya, Nirmal Chhaya Complex, Jail Road, New Delhi for welfare of destitute women and children, and an amount of Rs. 25,000/- shall be deposited with Blind School, Sewa Kutir, Kingsway Camp, Delhi within one week from today.

5. The appeal is accordingly disposed of. Pending applications, if any, also stand disposed of.

6. The written statement filed on behalf of the appellant herein be taken on record by the Trial Court.

7. The Trial Court shall ensure that the costs be deposited for the aforesaid welfare purposes, as directed by this Court.

8. We expect the Trial Court to decide the case expeditiously.

9. Dasti under the signature of Court Master.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE JULY 06, 2023 Digitally