Disposed

Kapil Kakar v. Shruti Kakar

Delhi HC1 Nov 2018CM(M)/1287/2018

Case brief

AI extract

What is this about?

Justices Anu Malhotra, on a petition from Kapil Kakar regarding visitation rights to his minor daughters pending before the Saket Family Court, directed the Principal Judge of the Family Court to dispose of the matter listed for 28.11.2018 by 5.11.2018.

What did the court decide?

Direction to the Principal Judge, Family Court (South-East), to dispose of the matter listed for 28.11.2018 by 5.11.2018.

Kapil Kakar Vs Shruti Kakar — Child Custody and Guardianship | Delhi HC (2018)

¶1

$~3

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CM(M) 1287/2018 & CM 44402/2018

¶4

KAPIL KAKAR ..... Petitioner Through: petitioner in person.

¶5

versus

¶6

SHRUTI KAKAR ..... Respondent Through: Ms.Vandana Kejriwal,Adv

¶7

CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA

¶8

O R D E R

¶9

% 01.11.2018

¶10

Learned counsel for the respondent submits that the memorandum of appearance would be filed during the course of the day and authorization would be filed within a day.

¶11

A bare perusal of the petition indicates that the prayer clause made therein are to the effect:

¶12

“a. Set aside order dated 09.10.2018 passed by Ld. Ms. Madhu Jain, Family Judge, Saket in HMA No. 223/2018 arise out of MOU dated 02.01.2018 during pendency of the application under Section 26 HMA for visitation rights to the Petitioner/Father of the minor daughter.

¶13

b. Pass an order directing the Ld. Family Judge to hear the matter expedite.

¶14

c. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

¶15

The order that is sought to be set aside vide the prayer clause

¶16

‘A’ is the order dated 9.10.2018 of the learned Judge, Family Court (South-East) which reads to the effect:

¶17

“HMA No. 223/18

¶18

Kapil Kakar Vs. Shruti Kakar 09.10.2018

¶19

Present: Petitioner no. 1 with counsel Sh. Raghav Kakar. Sh. Sujeet Keshari, counsel for petitioner no. 2. Further arguments heard. List the matter for orders on 28.11.2018.

¶20

A perusal of the petition indicates vide paragraph (q) thereof, whereof it has been submitted to the effect:

¶21

“q) The Ld. Family Judge did not pass any orders on the Contempt Petition on 09.10.2018 and also did not pass any interim orders on the application under Section 26 of HMA for visitation rights filed by the Petitioner. The Ld. Family Judge adopted a very insensitive and casual approach and failed to consider the urgency of the application requesting visitation rights while adjourning the matter for 28.11.2018. The copy of the orders passed in HMA 223/2018 passed by Ld. Family Court, Saket is annexed herewith as Annexure P- 11 (colly).”

¶22

Placed on record is also an application filed by the petitioner under Section 151 CPC seeking grant of visitation rights qua the minor daughters during the pendency of the present petition. Taking into account the prayer clause further in the present petition as it is indicated that the matter is already pending qua consideration of a contempt petition and an application requesting for visitation rights

¶23

before the learned Principal Judge, Family Court (South-East) for the date 28.11.2018, presently in the present proceedings it would be suffice if the earned Principal Judge, Family Court (South East) is directed to expedite to dispose of the matter listed for orders on date 28.11.2018.

¶24

There is no opposition on behalf of the respondent to the direction, if any, made to the learned Principal Judge, to expedite the pronouncement of orders as fixed on the date 28.11.2018 vide order dated 9.10.2018.

¶25

A prayer is also made on behalf of the petitioner that he has not met his daughters for the last six months and Diwali is also to come.

¶26

On behalf of the respondent it is submitted by the learned counsel for the respondent that the contention raised on behalf of the petitioner that he has not met his daughters for the last six months is not correct.

¶27

Be that as it may, as the learned Principal Judge Family Court already seized of the aspect, it would suffice to direct and it is so directed and the learned Principal Judge, Family Courts (South-East) is directed to expedite the pronouncement of orders fixed for 28.11.2018 by the date 5.11.2018.

¶28

Copy of this order be sent to the learned Trial Court forthwith. The petition calls for no further orders and is disposed of.

¶29

ANU MALHOTRA, J

¶30

NOVEMBER 01, 2018/sv

Kapil Kakar v. Shruti Kakar

Case brief

What is this about?

What did the court decide?

Kapil Kakar v. Shruti Kakar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ramesh Chand Jain & Ors. Vs Uttam Chand Jain & Ors.

Jitin Gulati Vs Shweta Gulati

Jitin Gulati Vs Shweta Gulati

Bombay Rayon Fashions Ltd. & Ors. Vs Advance Magazine Publishers Inc.

Narinder Pal Singh Vs Parminder Singh & Anr.

Vikram Chandhok (Since Deceased) Thr Lrs Vs Rashmi Skadegaard & Anr.

Shatrughan Gutpa & Ors. Vs Shivani Gupta

M/S Ind Synergy Ltd. Vs M/S D S Global Pvt. Ltd.

Sudha Miglani Vs Savitri Devi

Tina Gupta Vs Vihsal Gupta

Jitin Gulati Vs Shweta Gulati

M/S Ashoka Packers Vs M/S Trade Links (Regd)

Airports Authority of India Vs Indian Airports Kamgar Union