Delhi High Court
Aditya Mahajan vs Shachi Mahajan on 14 December, 2015
$~12.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 116/2015
% Judgment dated 14th December, 2015
ADITYA MAHAJAN ..... Appellant
Through : Mr.Khushbir Singh, Adv. along with
appellant.
versus
SHACHI MAHAJAN ..... Respondent
Through : None.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J (ORAL)
1. Present matrimonial appeal has been filed by appellant seeking to
challenge the order dated 21.7.2015 passed by the Family Court in CC
No.412/14 whereby the appellant herein was directed to pay Rs.50,000/-
to the respondent to enable her to get the electricity restored at the
premises bearing no.D-113, Anand Vihar, New Delhi, and for running
day-to-day expenses. This amount was to be adjusted in future
maintenance.
2. We had issued notice in this matter, as learned counsel for the appellant
had submitted that the Family Court passed the impugned order without
granting any opportunity to the appellant and directed payment of
electricity charges without considering that the house is lying vacant for
the past three years and further the Family Court has also failed to take
into consideration that the appellant is paying the school fee of the child.
3. With great difficulty we were able to serve the respondent. On 27.11.2015
we had heard the parties in the chamber. During the pendency of the
matter, a sum of Rs.50,000/- stand paid by the appellant to the respondent.
In view thereof, learned counsel for the appellant submits that no further
orders are required to be passed in this appeal, however, he prays that the
Family Court may be requested to consider two requests of the appellant
herein, firstly, that the appellant may be permitted to meet his six years
old child, whom he has not met for almost two years, and, secondly, no
electricity charges are payable as the house already stands locked.
4. We have heard learned counsel for the appellant. A reading of the
impugned order dated 21.7.2015 passed by the Family Court would show
that it is an interim order, which has been passed. Ideally speaking the
order should have contained some reasons.
5. Be that as it may, now the order dated 21.7.2015 stands complied with.
We are informed that the next date before the Family Court is in the
month of February, 2016. We request the Family Court to dispose of the
application, as far as possible, on the next date of hearing after hearing
both parties. The appellant may request the Family Court for meeting his
six year old child.
6. Parties shall comply with the order of the Family Court granting visitation
to the appellant.
7. Accordingly, appeal stands disposed of in view of above.
CM APPL. 18886/2015
8. Application stands disposed of in view of order passed in the appeal.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
DECEMBER 14, 2015
msr
1. Later on respondent along with her daughter appeared and she has been
apprised of the order passed today.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
DECEMBER 14, 2015
msr
