Full Text
HIGH COURT OF DELHI
Date of Decision: 19.01.2024
SH GAURAV RATHEE ..... Appellant
Through: Mr Shaurya R.Rai with Mr Rahul Singh, Advocates.
Through: Mr Dushyant Yadav with Mr Kartik Yadav, Advocates.
HON'BLE MR. JUSTICE AMIT BANSAL [Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J.: (ORAL)
JUDGMENT
1. This appeal is directed against order dated 27.10.2023 passed by the Family Court, Patiala House Courts, New Delhi. The appellant/husband is aggrieved by the fact that an application filed for recalling of order dated 31.07.2023 has been rejected.
2. Although the order dated 31.07.2023 has not been placed on record, it is not disputed by the counsel for the respondent/wife that the matter was fixed before the Family Court on that date for recording the appellant’s/husband’s evidence.
3. It appears upon perusal of the impugned order that an accommodation was sought as the appellant was suffering from fever.
4. Counsel for the appellant/husband says that one last opportunity should be granted by the court for tendering evidence before the Family Court.
5. On the other hand, counsel for the respondent/wife says that the conduct of the appellant/husband in the past has been such that it appears that the appellant’s/husband’s only intention is to delay the proceedings. 5.[1] Counsel for the respondent/wife further says that the respondent/wife is seeking divorce as the marriage has broken down. It is the submission of the counsel for the respondent/wife that if this court would give an opportunity to the appellant/husband to lead evidence, such directions should be issued by the court so that the appellant/husband is not able to delay the proceedings.
5.2. Furthermore, counsel for the respondent/wife also seeks imposition of costs on the appellant/husband.
6. Having heard the learned counsel for the parties and perused the record, according to us, despite the appellant’s/husband’s past conduct, one last opportunity can be granted to him to tender evidence in the matter pending before the Family Court. However, this opportunity can only come with the appellant/husband being burdened with costs.
7. Accordingly, the appeal is disposed of with the following directions:
(i) The impugned order dated 27.10.2023 is set aside.
(ii) Since we are told that the matter is fixed before the Family Court on
(iii) Once evidence is tendered by him, cross-examination will take place thereafter. We are told that the appellant/husband does not wish to tender any other witness in support of his case.
(iv) If time permits, the concerned Judge, Family Court will hear final arguments in the matter. In case it is not possible to hear final arguments in the matter on the same date, a suitable date may be given which is proximate to 05.02.2024.
(v) The appellant/husband will remit costs of Rs.7,500/- to the respondent/wife. Costs will be tendered on the date of hearing fixed before the Family Court.
8. Consequently, the pending application shall also stand closed.
RAJIV SHAKDHER, J AMIT BANSAL, J JANUARY 19, 2024 / tr