Delhi High Court
Raj Kumar Hingorani vs Shilpi Srivastav Hingorani on 26 April, 2023
Neutral Citation Number: 2023:DHC:2970
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 26th April, 2023
+ CM (M) 671/2023 & CM APPLs. 20838/2023 & 20839/2023
RAJ KUMAR HINGORANI ..... Petitioner
Through: Mr. Addtya Kapoor with
Mr. Harsh Ahuja, Advocates.
versus
SHILPI SRIVASTAV HINGORANI ..... Respondent
Through: Mr. Vineet Jhanji with
Mr. Imran Moulaey, Advocates.
(M): 9990091359
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
[Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J. (ORAL):
The present matter has been received on transfer from the Court of
Hon'ble Ms. Justice Rekha Palli.
CM APPL. 20839/2023 (Application under Section 151 CPC
seeking exemption from filing certified copies/true typed/legible
copies of the orders, documents, notices, applications etc)
1. Allowed, subject to just exceptions.
2. Application is disposed of.
CM (M) 671/2023 & CM APPL. 20838/2023 (Application under
Section 151 CPC seeking Ad-interim exparte stay on the HMA
No. 171/2018 titled "Shilpi Srivastav Vs Raj Kumar Hingorani"
pending before the Ld. Judge, Family Courts, Patiala House
Courts, New Delhi during the pendency of the captioned petition)
3. The present is a petition challenging the order dated 23.01.2023
passed by the learned Judge, Family Courts, Patiala House Courts,
Signature Not Verified
Digitally Signed By:PURAN
Signing Date:02.05.2023
13:33:53
Neutral Citation Number: 2023:DHC:2970
New Delhi in HMA No. 171/2018, by which the opportunity of the
petitioner-husband to lead evidence has been closed.
4. Learned counsel appearing for the petitioner husband submits
that the petitioner is ready to settle the matter and that one opportunity
may be granted in that regard.
5. On the other hand, learned counsel appearing on behalf of the
respondent-wife submits that the matter has already been heard finally
by the learned Family Court on 20.04.2023 and the matter has been
reserved for judgment.
6. The respondent-wife has filed petition, HMA No. 171/2018
under Section 13(1) (1A) of the Hindu Marriage Act, 1955 against
petitioner-husband seeking divorce on the ground of cruelty.
7. Learned counsel appearing for the respondent submits that
earlier efforts were made to settle the matter, but the petitioner-
husband backed out despite finalisation of the terms of settlement.
Attention of this Court is drawn to the order dated 21.09.2022,
wherein it is clearly recorded that the petitioner herein after agreeing
to all the terms of settlement, refused to settle the matter.
8. This Court has also perused the various order-sheets of the case
pending between the parties in the Family Court. By order dated
24.09.2022, right of the petitioner-husband to cross-examine
respondent-wife had been closed. Thus, the matter was put up for
evidence on behalf of the petitioner herein on 24.09.2022. Thereafter,
the petitioner had been taking dates as recorded in the orders dated
09.11.2022 and 17.12.2022 of the Family Court.
Signature Not Verified
Digitally Signed By:PURAN
Signing Date:02.05.2023
13:33:53
Neutral Citation Number: 2023:DHC:2970
9. Subsequently again, when the matter was taken up on
23.01.2023, a request for adjournment was made on behalf of the
petitioner herein. Thus, the impugned order dated 23.01.2023 came to
be passed by the learned Family Court, wherein the opportunity to
lead evidence on behalf of the petitioner herein was closed.
10. It is seen that the opportunity of the petitioner-husband to cross-
examine respondent-wife was closed way back on 24.09.2022. The
petitioner-husband did not challenge the said order and made no
efforts to seek opportunity to cross-examine the respondent-wife, who
is the petitioner in the family Court. Similarly, opportunity of the
husband to lead evidence was closed way back on 23.01.2023. The
petitioner did not challenge the said order also and it is only now
when arguments have been heard by the Family Court and judgment
has been reserved, that the husband has approached this Court now by
way of the present petition.
11. This Court takes note of the fact that the petitioner kept
changing his counsels again and again. An adjournment was sought on
behalf of the petitioner herein before the learned Family Court on
22.02.2023. Subsequently on 27.03.2023, a new counsel appeared on
behalf of the petitioner herein before the learned Family Court and
sought adjournment. Thereafter again when the matter was listed on
20.04.2023, another new counsel put in appearance on behalf of the
petitioner herein and again sought adjournment.
12. Learned counsel for the respondent has also drawn the attention
of this Court to Section 19 of the Family Courts Act, 1984, in order to
contend that the present petition under Article 227 of the Constitution
Signature Not Verified
Digitally Signed By:PURAN
Signing Date:02.05.2023
13:33:53
Neutral Citation Number: 2023:DHC:2970
of India would not be maintainable. It is submitted that the impugned
order dated 23.01.2023 is not an interlocutory order, and is a final
order, since the right of evidence of the petitioner herein has been
closed.
13. Learned counsel appearing for the respondent also relies upon a
judgment dated 18.12.2017 passed by Division Bench of this Court in
MAT.APP (F.C.) 150/2017, which was an appeal under Section 19 of
the Family Courts Act, 1984. In the said case, the Court did not allow
further time for cross-examination on behalf of the appellant therein,
on the ground that enough opportunities had already been granted.
Thus, it is submitted that the present writ petition is not maintainable
and no ground as such has been shown by the petitioner for the
purposes of granting any further opportunity for cross-examination.
14. At this stage, learned counsel appearing for the petitioner on
instructions submits that the counsel may be given an opportunity to
argue and make their submissions before the learned Family Court on
the next date of hearing i.e. 28.04.2023 when the matter is listed. It is
submitted that the present counsel was unable to make arguments
before the learned Family Court on 20.04.2023, for the reason that the
counsel had recently been engaged and needed time for preparation of
his case.
15. Learned counsel appearing for the respondent very fairly
submits that he has no objection if an opportunity is granted to the
learned counsel for the petitioner herein to make his submissions
before the learned Family Court.
Signature Not Verified
Digitally Signed By:PURAN
Signing Date:02.05.2023
13:33:53
Neutral Citation Number: 2023:DHC:2970
16. Learned counsel appearing for the respondent has already
completed his arguments and has also filed his written submissions in
the Court of learned Family Court.
17. Considering the facts and circumstances of the case and in order
to give an opportunity to the learned counsel appearing for the
petitioner herein to make his submissions before the learned Family
Court, it is directed that arguments shall be heard on behalf of the
petitioner herein by the learned Family Court on the next date of
hearing i.e. 28.04.2023 when the matter is listed.
18. It is further made clear that no adjournment shall be sought on
behalf of the petitioner herein before the learned Family Court on the
next date of hearing and that the arguments shall be completed on the
next date of hearing.
19. Further, the petitioner herein would also be at liberty to file any
written submissions along with any judgments they wish to rely upon
before the learned Family Court
20. With the aforesaid directions, the present petition is disposed of.
MINI PUSHKARNA, J
th
APRIL 26 , 2023
c
Signature Not Verified
Digitally Signed By:PURAN
Signing Date:02.05.2023
13:33:53
