Gaurav Sharma vs Smt. Silki Sharma
2021 Latest Caselaw 2502 MP

           HIGH COURT OF MADHYA PRADESH,
                  BENCH AT GWALIOR
                     MP No. 1925/2021
           ( Gaurav Sharma Vs Smt. Silki Sharma )
                                 (1)

Heard through video conferencing.
Gwalior, dated : 17/06/2021
     Shri Ashutosh Pandey, learned counsel for the petitioner.

       IA No. 6680/2021, an application for urgent hearing, is

allowed.

      Heard on the question of admission and interim relief.

      On payment of process fee within seven working days, issue

notice to the respondent by RAD mode, failing which petition shall

stand dismissed without further reference to the Bench. Notice be

made returnable within four weeks.

Counsel for the petitioner submits that matter was fixed on

26/03/2021 for recording evidence as well as hearing on application

under Order 6 Rule 17 of the CPC. Counsel for the petitioner moved

an application for exemption from personal appearance of the

husband. The learned Trial Court recorded findings that inspite of

granting two adjournments earlier, husband is not present before the

Court and rejected Vaklatnama without rejecting application for

exemption from personal appearance. He further submitted that

neither application under Order 6 Rule 17 of the CPC was decided

and case was fixed for hearing. Thereafter, respondent/husband was

declared as exparte and final arguments were heard. Thereafter, the

matter has been fixed for judgment on 27/03/2021. Counsel for the

petitioner further submits that on 27/03/2021, he again moved an

application under Order 9 Rule 7 of the CPC and matter was referred

to the Principal Judge, Family Court Gwalior (M.P.) for transfer of HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MP No. 1925/2021 ( Gaurav Sharma Vs Smt. Silki Sharma )

this case to some other Court. Accordingly, this case was summoned

by the Principal Judge, Family Court, Gwalior (M.P.) for deciding

application under Section 24 of the CPC.

In the meanwhile, the Family Court is directed not to deliver

the final judgment during pendency of the petition.

Certified copy/E-copy as per rules.

(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2021.06.18 07:06:59 +05'30'