Vaibhav Grover vs Mehak Kohli
2017 Latest Caselaw 4165 Del

$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Date of Decision: 16th August, 2017
+     CM(M) 463/2017
      VAIBHAV GROVER                                  ..... Petitioner
                  Through:            Mr.Arvind Chaudhary,         Ms.Asha
                                      Chaudhary, Advocates
                         versus
      MEHAK KOHLI                                        ..... Respondent
                         Through:     Mr.Ravinder     Singh,      Mr.Mahesh
                                      Pradhan,     Ms.Raveesha        Gupta,
                                      Advocates for respondent along with
                                      respondent in person

      CORAM:
      HON'BLE MR. JUSTICE J.R. MIDHA

                          JUDGMENT (ORAL)

1. The petitioner instituted a petition under Section 7 read with Section 25 of the Guardians and Wards Act, 1890 against the respondent on 6th September, 2016 in which the written statement has not been filed by the respondent till date.

2. Learned counsel for the respondent submits on instructions from the respondent present in Court that the respondent shall positively file the written statement as well as reply to the application under Section 12 of the Guardians and Wards Act before the learned Family Court within a period of 30 days from today. The statement of learned counsel for the respondent is taken on record.

3. Learned counsel for the respondent further submits that the

respondent shall not seek any adjournment for hearing on the petitioner's application under Section 12 of the Guardians and Wards Act on 26 th October, 2017 fixed before the learned Family Court. Learned counsel for the respondent further submits that the respondent has also filed two applications before the learned Family Court which are also listed on 26th October, 2017.

4. Learned counsel for the petitioner submits that he shall file reply to the applications and would not seek any adjournment for making submissions on the respondent's applications before the learned Family Court on 26th October, 2017.

5. Learned counsel for the respondent submits that the mediation proceedings are listed before the Court on 26th August, 2017. It is clarified that the respondent shall remain bound by the statement made before this Court notwithstanding the pendency of the mediation proceedings.

6. In view of the statements made by learned counsel for both the parties, the learned Family Court shall proceed to hear the pending applications on 26th October, 2017, the date already fixed. However, if the written statement and the reply are not filed within 30 days, the right of the respondent to file the same shall stand closed.

7. The petition is disposed of in the above terms.

8. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.

AUGUST 16, 2017                                         J.R. MIDHA, J.
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