Malini Israni v. Ved Prakash Israni

Delhi High Court · 23 May 2025 · 2025:DHC:4332
Manoj Jain
CM(M) 3591/2024
2025:DHC:4332
family petition_dismissed

AI Summary

The Delhi High Court directed that evidence in the Family Court case be recorded by the Trial Court itself to ensure expeditious disposal, rejecting the petitioner's claim of improper open recording by a Local Commissioner.

Full Text
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CM(M) 3591/2024 1
HIGH COURT OF DELHI
Date of Decision: 23rd May, 2025
CM(M) 3591/2024 & CM APPL. 59851/2024
MALINI ISRANI .....Petitioner
Through: Ms. Meenakshi Rawat, Advocate.
VERSUS
VED PRAKASH ISRANI .....Respondent
Through: Mr. Viraj Dataar Sr. Adv
WITH
Mr. R.S.Sahni, Shrikant, Ms. Jasmine Sahni & Ms. Ashmine Sahni, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. The report has been received from the learned Principle Judge, Headquarters, Family Courts, Dwarka which is indicative of the fact that the evidence in Family Court cases, wherever it is to be recorded by a Local Commissioner, is recorded in two earmarked rooms.

2. In view of the above, the contentions coming from the side of petitioner herein is that it was being recorded in open is completely fallacious.

3. During course of arguments, petitioner, however, submitted that learned Trial Court may be requested to record evidence, instead of the parties being relegated to a Local Commissioner.

4. Though, there is no merit and substance in her such contention, in order to ensure that there is no further delay in the matter and in order to repel any misapprehension in her mind and with the consent of learned Senior Counsel CM(M) 3591/2024 2 representing respondent herein, petition stands disposed of with direction that the evidence in the present matter would be recorded by the learned Trial Court itself.

5. However, the learned Judge, Family Court is requested to give requisite priority to this matter and it be also ensured that no request seeking any unnecessary adjournment from the side of the respondent therein is entertained.

6. Petition stands disposed of with request to the learned Trial Court to make best endeavor to dispose of the matter, as expeditiously as possible and, preferably, within a period of one year. Needless to say, the concerned parties shall extend their cooperation and assistance in this regard.

7. Pending applications stand disposed of in aforesaid terms.

8. Copy of this order be given dasti under the signatures of the Court Master.

JUDGE MAY 23, 2025/sw/JS