Delhi High Court
Ms. Sarla Kohli vs Mrs. Harish Kohli on 23 August, 2021
$~12 (original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
CCP(O) 30/2021 in
+ CS(OS) 289/2021
MS. SARLA KOHLI ..... Plaintiff
Through: Mr. Siddharth Yadav, Adv.
versus
MRS. HARISH KOHLI ..... Defendant
Through: Mr. J.P.N. Shahi, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 23.08.2021
(Video-Conferencing)
CCP(O) 30/2021
1. Consequent to the order passed on 17th August, 2021, the
plaintiff was visited by Insp. Gursewak Singh, SHO, P.S. Khayala
alongwith SI Sandip Malik, Chowki In-charge Raghubir Nagar and
Mr. Sanjay Pokhriyal, Joint Registrar of this Court, who was deputed
for the said purpose by the Registrar General. A status report stands
filed by the SHO, PS Khayala, which clearly states that (i) Mr. Pankaj
Kohli, the son of the plaintiff, was frequently visiting the plaintiff and
staying with her since 20th/21st May, 2021, (ii) the defendant was not
allowing access, to the son of the plaintiff, to the property in question,
i.e. FE-04, Shivaji Enclave, and was objecting to the plaintiff's son
having access to her, (iii) there was no apparent threat to the plaintiff
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:25.08.2021
15:33:26
from her son and (iv) though the plaintiff desire to reside with her son,
the defendant was not allowing it.
2. In my opinion, in these circumstances, there is no justification
for the defendant obstructing access, to the plaintiff, of her son Mr.
Pankaj Kohli.
3. Accordingly, this Contempt Petition is disposed of with the
following directions:
(i) Mr. Shahi, learned Counsel for the defendant submits that
as there is a nearby slum, there is a possibility of threat to the
plaintiff, if the premises are open to access to outsiders. As
such, he submits that his client would place a lock on the gate of
the premises and would give one of the keys of the lock to the
plaintiff. He is directed to give one set of the keys of the lock to
the plaintiff as well as to her son Mr. Pankaj Kohli within 48
hours.
(ii) There shall be no impediment in access, to the plaintiff,
of Mr. Pankaj Kohli. The defendant is directed not to obstruct,
in any manner, Mr. Pankaj Kohli visiting his mother or staying
with her.
(iii) Copies of the medical record of the plaintiff, and of the
treatment administered to her in the hospital would be made
available to the plaintiff as well as to Mr. Pankaj Kohli.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:25.08.2021
15:33:26
4. With these directions, Mr. Yadav, learned Counsel for the
plaintiff submits that his client is satisfied and that she does not seek
any further relief in this contempt petition. The Contempt Petition
stands disposed of accordingly.
5. This Court expresses its appreciation for the prompt manner in
which the police authorities, namely Insp. Gursewak Singh, SHO, PS
Khyala and SI Sandip Malik, Chowki In-charge Raghubir Nagar,
complied with the directions issued by this Court. This note of
appreciation may be placed on the official record of the said officers.
6. The Court also expresses its gratitude to the Registrar General
for having deputed a competent officer to accompany the police
officers in executing the aforesaid commission.
C. HARI SHANKAR, J
AUGUST 23, 2021/kr
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:25.08.2021
15:33:26
