Delhi High Court
Harsimran Singh vs Ravinder Kaur Pasricha on 31 May, 2024
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Amit Bansal
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31.05.2024
+ MAT.APP.(F.C.) 191/2024 & CM 33827/2024
HARSIMRAN SINGH ..... Appellant
Through: Mr. Rajesh Kumar and Mr. R. P.,
Advocates.
versus
RAVINDER KAUR PASRICHA ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. : (ORAL)
1. This appeal was listed before us yesterday, i.e., 30.05.2024. After
hearing learned counsel of the appellant, i.e., Mr. Rajesh Kumar we broadly
noted the grievance articulated in the appeal. For convenience, the relevant
parts of the order dated 30.05.2024 are extracted hereafter:
"2. This appeal is directed against the judgment and order dated
15.05.2024 passed by [the] learned Principal Judge, Family Court, South-
East, Saket Courts, Delhi.
3. The appellant is aggrieved by the fact that his right to lead
evidence has been closed. Counsel for the appellant says that the appellant
is willing to pay the costs amounting to Rs.2,500/- imposed by the learned
Principal Judge.
4. We may note that it is the stand of the appellant that as directed by
the Family Court via order dated 21.02.2024 affidavit of evidence was
filed within the stipulated period i.e., 15 days. It is submitted that costs of
Rs.2,500/- which had to be paid could not be remitted to the respondent as
the bank details were not available.
4.1 This aspect will be examined on the next date of hearing.
5. Issue notice to the respondent via all permissible modes, including
e-mail."
2. Learned counsel for the appellant informs us that pursuant to the
order issued by the Court on 30.05.2024, service has been affected on the
respondent as well as his counsel. A hard copy of the affidavit of service,
along with a copy of the e-mail and a screenshot of the WhatsApp message
is tendered before us.
3. Despite service, the respondent has not entered appearance. It appears
that the respondent is either not interested in opposing the appeal or is
attempting to delay the proceedings.
4. Thus, given the circumstances obtaining in the matter, we are inclined
to grant one more opportunity to the appellant to have the matter decided on
merits.
5. Accordingly, the impugned judgment and order dated 15.05.2024 is
set aside. The appellant will have the opportunity to appear and tender
evidence in the matter.
6. The appellant will also pay costs of Rs.2,500/- to the respondent on
the next date of hearing before the Family Court.
7. The appellant will remain physically present on the next date of
hearing fixed before the Family Court.
8. Since we are told that an affidavit of evidence has been filed, the
Family Court will take next steps in the matter, and if time permits, will
have those who tender their affidavits of evidence cross-examined by the
counsel for the respondent.
9. The appeal is disposed of in the aforesaid terms. Consequently,
pending interlocutory applications shall also stand closed.
10. The Registry will dispatch a copy of the order passed today to the
concerned Family Court.
RAJIV SHAKDHER, J
AMIT BANSAL, J
MAY 31, 2024/ss
