Delhi High Court
Rajat Kapoor vs Megha Khetrapal on 27 July, 2022
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 734/2022
RAJAT KAPOOR ..... Petitioner
Through: Mr. Samit Khosla with Mr. Aditya
Singla and Mr. Aayush Goel,
Advocates.
versus
MEGHA KHETRAPAL ..... Respondent
Through: Mr. Gaurav Gaur with Mr. Rohit
Sehgal, Advocates.
% Date of Decision: 27th July, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CM APPL.32800/2022 (exemption)
Exemption allowed subject to all just exceptions.
CM(M) 734/2022 & CM APPL.32799/2022 (stay)
1. Present petition has been filed challenging the impugned order dated
06.07.2022, whereby, an application moved by the petitioner for recall of
order dated 17.07.2021, was dismissed. Vide order dated 17.07.2021,
learned Principal Judge, Family Court awarded an ad-interim maintenance
of Rs.1 lakh per month in favour of the respondent wife after noting that the
petitioner husband did not appear despite being served.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:28.07.2022
14:12:02
2. Learned counsel for the petitioner submits that this order was passed
in the teeth of the directions issued by this Court dated 08.04.2021 on
administrative side.
"HIGH COURT OF DELHI: NEW DELHI
No.256/RG/DHC/2021
Dated: 08.04.2021
OFFICE ORDER
SUBJECT: SYSTEM OF HEARING OF MATTERS BEFOE
DELHI DISTRICT COURTS WITH EFFECT FROM
09.04.2021.
In continuation of this Court's Office Order
Nos.123/RG/DHC/2021 dated 20.02.2021 and 157/RG/DHC/2021 dated
19.03.2021, Hon'ble Full Court has been pleased to order that the District
Courts in Delhi shall, with effect from 09.04.2021, hold courts through
virtual mode only, till 24.04.2021 and the video conferencing links of the
courts be made available on the website/cause-list.
It has further been directed that the Principal District and Sessions
Judges in consultation with the DG (Prisons) shall make necessary
arrangements for extension of remand of UTPs. Wherever required,
during the trial, UTPs may be produced through video-conferencing. No
adverse orders shall be passed by the District Courts in Delhi in case of
non-appearance of parties and/or their counsel and the matters which are
fixed for recording of evidence, shall be adjourned.
By Order
(Manoj Jain)
Registrar General
Endst. No.257-288/RG/DHC/2021 Dated:08.04.2021"
3. Learned counsel for the petitioner submits that even as per the order
dated 31.08.2021, passed by the learned Principal Judge, Family Court,
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:28.07.2022
14:12:02
South in the same proceedings, it was noted that the Office order dated
08.04.2021 has been withdrawn with effect from 24.08.2021.
4. For clarity, the order dated 31.08.2021 is reproduced herein below:-
"M. No. 21/98
Megha Khetrapal vs. Rajat Kapoor
31.08.2022
Physical Hearing
Present: Ld. Counsel for petitioner.
Sh. Sunil Kumar, Ld. Counsel for respondent.
Pursuant to office order bearing No.509/RG/DHC/2021
dated 19.08.2021 issued in continuation of the earlier office
orders No.504/RG/DHC/2021 dated 2.8.2021 of High Court of
Delhi, it is directed that physical hearing in the District courts
in Delhi shall resume on alternate days w.e.f. 24.08.2021. The
Order No.256/RG/DHC/2021 dated 8.4.2021 directing that no
adverse order shall be passed by the District courts in Delhi in
case of non-appearance of parties and/or their counsel has
also been withdrawn w.e.f. 24.8.2021.
Vakalatnama on behalf of respondent filed. It be taken
on record.
Respondent has moved an application for recalling of the
order dated 17.7.21 etc. Copy supplied.
Put up for reply to main petition, reply to IMA, filing of
income affidavit on behalf of respondent and reply and
arguments on miscellaneous application moved today, on
26.11.21.
(Praveen Kumar)
Principal Judge
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:28.07.2022
14:12:02
Family Courts, South,
Saket, New Delhi
5. Learned counsel for the petitioner submits that his application for
recall of order dated 17.07.2021 was dismissed without giving any detailed
reasons.
6. Learned counsel for the respondent has opposed the present petition.
He submits that the petition itself is not maintainable. It has been submitted
that the order passed by the learned Judge on 17.07.2021 cannot be
considered to be an adverse order as it was passed on the basis of the
admissions of the petitioner herein. It has further been submitted that had an
ad-interim maintenance been not granted, it would have been an adverse
order for the respondent herein.
7. Learned counsel for the petitioner has disputed the contention of the
learned counsel for the respondent that there was an admission on the part of
the petitioner herein.
8. This Court considers that without going into the merits and
contentions of the parties, which may be left open to be decided by the
Principal Judge, Family Court. However, in order to meet the interest of
justice and in view of order dated 08.04.2021, passed by this Court on the
administrative side, the order dated 17.07.2021 is set aside.
9. However, it has been informed that the application for interim
maintenance is fixed for hearing before the learned Principal Judge, Family
Court today itself. Thus, it is directed that the learned Principal Judge,
Family Court shall conduct the hearing of the application today itself and
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:28.07.2022
14:12:02
shall decide the same expeditiously without being influenced by the order
dated 17.07.2021 awarding ad-interim maintenance in favour of the
respondent wife.
10. Again, it is reiterated, for the sake of clarity, that this Court has not
gone into the merits of the case. Rights and contentions of the parties are
left open to be adjudicated by the Trial Court. Since the order dated
17.07.2021 has been set-aside, the execution emanating therefrom also
stands set-aside.
11. Accordingly, the present petition along with pending application
stands disposed of.
12. Dasti under the signatures of the Court Master.
DINESH KUMAR SHARMA, J
JULY 27, 2022
st
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:28.07.2022
14:12:02
