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Neutral Citation Number 2022/DHC/004969
CM(M) 1210/2022
HIGH COURT OF DELHI
CM(M) 1210/2022
ANGELLINA ARENJA ..... Petitioner
Through: Mr.Prabhjit Jauhar and Ms.Ajunee Singh, Advocates
HIGH COURT OF DELHI
CM(M) 1210/2022
ANGELLINA ARENJA ..... Petitioner
Through: Mr.Prabhjit Jauhar and Ms.Ajunee Singh, Advocates
VERSUS
NITIJ ARENJA ..... Respondent
Through: Mr.Sanjay Abbot, Advocate
Date of Decision: 14th November, 2022
Through: Mr.Sanjay Abbot, Advocate
Date of Decision: 14th November, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)
CM APPL. 48629/2022 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
Present petition has been filed challenging the order dated 05.11.2022, which reads as follows:
“05.11.2022
Present: Ms.Ajunee Singh, proxy counsel for the Petitioner.
Submissions made.
Put up with the main case file on the next date of hearing i.e. 18.01.2023.”
Signing Neutral Citation Number 2022/DHC/004969
Learned counsel for the petitioner submits that he is aggrieved of the fact that despite an urgent relief having been sought by the petitioner in the application, learned Family Court has not issued the notice. Learned counsel submits that he would be satisfied if the learned Family Court considers the application on merits and passes an order in accordance with law.
Mr.Sanjay Abbot, learned counsel for the respondent has raised an objection as to the maintainability of the present petition on the ground that the affidavit annexed with the petition is of 05.11.2022 and the present petition has been signed on 07.11.2022.
I consider that this is a hyper-technical objection and cannot make the petition not maintainable.
Without going into the merits of the case and contentions being raised by the petitioner in the present petition, the petition is disposed of with the direction to the learned Family Court to take up the application dated
05.11.2022 filed under Order XXXIX Rule 2-A read with Section 151 CPC for hearing on 28.11.2022 and dispose of the same in accordance with law.
Learned counsels for the parties are directed to appear before the learned family court on 28.11.2022.
With the above directions, the present petition stands disposed of.
DINESH KUMAR SHARMA, J NOVEMBER 14, 2022 Signing
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
Present petition has been filed challenging the order dated 05.11.2022, which reads as follows:
“05.11.2022
Present: Ms.Ajunee Singh, proxy counsel for the Petitioner.
Submissions made.
Put up with the main case file on the next date of hearing i.e. 18.01.2023.”
Signing Neutral Citation Number 2022/DHC/004969
Learned counsel for the petitioner submits that he is aggrieved of the fact that despite an urgent relief having been sought by the petitioner in the application, learned Family Court has not issued the notice. Learned counsel submits that he would be satisfied if the learned Family Court considers the application on merits and passes an order in accordance with law.
Mr.Sanjay Abbot, learned counsel for the respondent has raised an objection as to the maintainability of the present petition on the ground that the affidavit annexed with the petition is of 05.11.2022 and the present petition has been signed on 07.11.2022.
I consider that this is a hyper-technical objection and cannot make the petition not maintainable.
Without going into the merits of the case and contentions being raised by the petitioner in the present petition, the petition is disposed of with the direction to the learned Family Court to take up the application dated
05.11.2022 filed under Order XXXIX Rule 2-A read with Section 151 CPC for hearing on 28.11.2022 and dispose of the same in accordance with law.
Learned counsels for the parties are directed to appear before the learned family court on 28.11.2022.
With the above directions, the present petition stands disposed of.
DINESH KUMAR SHARMA, J NOVEMBER 14, 2022 Signing