Allowed

Preeti Agarwal v. Agni Shekhar Pandey

Delhi HC16 Jul 2024MAT.APP.(F.C.)/218/2024

Case brief

AI extract

What is this about?

Appellant mother appealed a Family Court order appointing DLSA counsel. The appellate court allowed the appeal, permitting her to represent herself or appoint her brother as attorney-in-fact, while allowing the Family Court to engage DLSA counsel to assist if legal issues require.

What did the court decide?

Power of attorney appointment allowed; liberty for DLSA lawyer to assist Family Court; matter disposed pending appearance on 26.07.2024.

Preeti Agarwal Vs Agni Shekhar Pandey — Writ and Judicial Review | Delhi HC (2024)

¶1

$~41

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Date of decision: 16.07.2024

¶4

+ MAT.APP.(F.C.) 218/2024

¶5

PREETI AGARWAL .....Appellant

¶6

Through: Appellant is present in person along with her brother and father.

¶7

versus

¶8

AGNI SHEKHAR PANDEY .....Respondent Through: None.

¶9

CORAM:

¶10

HON'BLE MR JUSTICE RAJIV SHAKDHER HON'BLE MR JUSTICE AMIT BANSAL

¶11

[Physical Hearing/Hybrid Hearing (as per request)]

¶12

RAJIV SHAKDHER, J.: (ORAL)

¶13

CM APPL. 39333/2024

¶14

Allowed, subject to just exceptions.

¶15

MAT.APP.(F.C.) 218/2024 and CM APPLs. 39331/2024 and 39332/2024 [Applications filed on behalf of the appellant seeking directions] 2. This appeal is directed against the judgment and order dated 24.04.2024 passed by Mr Pritam Singh, learned Judge, Family Court-01, Saket, South, Delhi.

¶16

The appellant/mother, who is present in person, says that she would like to progress the case before the concerned Family Court through her power of attorney.

¶17

3.1 The appellant/mother contends that she wishes to appoint her brother,

¶18

Signature Not Verified

¶19

Page 1 of 3

¶20

MAT.APP.(F.C.) 218/2024`

¶21

Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date: 19.0 7.2024 11:38:41

¶22

Mr Binoy Bhushan Aggarwal, as her attorney to act and plead on her behalf.

¶23

A perusal of the impugned judgment and order seems to indicate that the learned Family Court Judge, having regard to the fact that certain legal issues need to be addressed, has appointed Mr Pankaj, Advocate [empanelled with DLSA (South)], to represent the appellant/mother. As an alternative, the appellant/mother was given the liberty to engage a private counsel if she did not wish to be represented by legal aid counsel.

¶24

In our view, there can be no objection to the appellant/mother either acting and pleading on her own or appointing a power of attorney, i.e., her brother, Mr Binoy Bhushan Aggarwal, to do the same.

¶25

5.1 As the learned Family Court Judge is, presently, of the view that intricate questions of law are involved, liberty is given to the learned Family Court Judge to call upon the Delhi Legal Services Authority (South) to assign an Advocate, who will, in addition to the appellant/mother or her power of attorney, assist the Family Court in progressing the case as far as marshalling the facts, presenting evidence, and advancing arguments are concerned.

¶26

The appellant/mother will present herself, along with her power of attorney, if any, on the date already fixed, i.e., 26.07.2024, before the Family Court.

¶27

6.1 In case the appellant/mother chooses to appoint a power of attorney, she will place on record, before the Family Court, a duly executed power of attorney which shall form part of the record.

¶28

The appeal is disposed of in the aforesaid terms.

¶29

Pending applications shall also stand closed.

¶30

Signature Not Verified

¶31

Page 2 of 3

¶32

Digitally Signed By:PREMMOHAN CHOUDHARY MAT.APP.(F.C.) 218/2024` Signing Date: 19.0 7.2024 11:38:41

¶33

The Registry will dispatch a copy of this order to the concerned Family Court.

¶34

RAJIV SHAKDHER, J

¶35

AMIT BANSAL, J

¶36

JULY 16, 2024 / tr

¶37

Signature Not Verified

¶38

Page 3 of 3

¶39

Digitally Signed By:PREMMOHAN CHOUDHARY MAT.APP.(F.C.) 218/2024` Signing Date: 19.0 7.2024 11:38:41

Preeti Agarwal v. Agni Shekhar Pandey

Case brief

What is this about?

What did the court decide?

Preeti Agarwal v. Agni Shekhar Pandey

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

Anurag Yadav Vs Shikha Yadav

Tejinder Singh Vs Beverley Singh

Birender Deep Singh Kohli Vs Smt Deep Gagan

Amit Sharma Vs Sugandha Sharma

Renu Sharma Vs Mc Sharma & Anr.

Renu Sharma & Anr. Vs Mool Chand Sharma

Abhishek Kumar Vs Jyoti Jaya

Ajayan Pillai Vs Adrija Devi

Municipal Corporation of Delhi Vs M/S Ram Niwas Goel

Rita Wadhwa Vs Sanjeev Sarin (Since Deaceased ) Thr Lrs & Anr.

Rita Wadhwa Vs Sanjeev Sarin Since Deceased Thr Lrs and Anr.

Shivi Bansal Vs Gaurav Bansal

Himani Singh Vs Maninder Singh

Harish Jindal Vs Garima Jindal