Malini Israni Vs Ved Prakash Israni — Delhi HC (2025) — LawSathi Research

Malini Israni Vs Ved Prakash Israni — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with direction that the evidence be recorded by the learned Trial Court itself; Family Court requested to give requisite priority and not entertain unnecessary adjournment requests from the respondent's side; Trial Court requested to dispose of the matter preferably within one year; pending applications disposed of in those terms; copy of the order to be given dasti.

Issue for consideration

Whether the evidence in the pending Family Court proceedings should be recorded by the learned Trial Court itself rather than through a Local Commissioner. +1 more

Court's answer

Though the petitioner's contention that the Trial Court itself record the evidence had no merit and substance, in order to avoid further delay and repel any misapprehension, and with the consent of the learned Senior Counsel representing the respondent, the petition was disposed of with a direction that the evidence in the matter would be recorded by the learned Trial Court itself.

Ratio / Principle

In view of the Principal Judge's report, the court found the petitioner's contention that evidence was being recorded in the open to be completely fallacious.

Key takeaways

The learned Judge, Family Court was requested to give requisite priority to the matter and to ensure that no request seeking any unnecessary adjournment from the side of the respondent therein is entertained.ratio¶12
The learned Trial Court was requested to make best endeavour to dispose of the matter as expeditiously as possible and, preferably, within a period of one year, with the parties extending cooperation and assistance.ratio¶13

Detailed headnote1 paragraphs

High Court of Delhi (Manoj Jain, J.; oral order dated 23 May 2025) disposed of CM(M) 3591/2024 (Malini Israni v. Ved Prakash Israni). Acting on a report from the Principal Judge, Headquarters, Family Courts, Dwarka, showing that evidence recorded through a Local Commissioner in Family Court cases is taken in two earmarked rooms, the court found the petitioner's contention that evidence was being recorded 'in open' completely fallacious. Although her submission that the Trial Court itself record the evidence was held to lack merit and substance, in order to avoid further delay and repel misapprehension, and with the consent of the respondent's Senior Counsel, the court directed that the evidence in the matter would be recorded by the learned Trial Court itself. The Family Court Judge was requested to give requisite priority and to ensure that no unnecessary adjournment sought by the respondent is entertained, and the Trial Court was asked to dispose of the matter expeditiously, preferably within one year. Pending applications stood disposed of; a dasti copy was ordered.

$~66

IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23^rd May, 2025 + CM(M) 3591/2024 & CM APPL. 59851/2024 MALINI ISRANI .....Petitioner Through: Ms. Meenakshi Rawat, Advocate. versus VED PRAKASH ISRANI .....Respondent Through: Mr. Viraj Dataar Sr. Adv with Mr. R.S.Sahni, Shrikant, Ms. Jasmine Sahni & Ms. Ashmine Sahni, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

The report has been received from the learned Principle Judge, Headquarters, Family Courts, Dwarka which is indicative of the fact that the evidence in Family Court cases, wherever it is to be recorded by a Local Commissioner, is recorded in two earmarked rooms.

In view of the above, the contentions coming from the side of petitioner herein is that it was being recorded in open is completely fallacious.

During course of arguments, petitioner, however, submitted that learned Trial Court may be requested to record evidence, instead of the parties being relegated to a Local Commissioner.

Though, there is no merit and substance in her such contention, in order to ensure that there is no further delay in the matter and in order to repel any misapprehension in her mind and with the consent of learned Senior Counsel

CM(M) 3591/2024 1

Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 4.05.2025 14:46:35

representing respondent herein, petition stands disposed of with direction that the evidence in the present matter would be recorded by the learned Trial Court itself.

However, the learned Judge, Family Court is requested to give requisite priority to this matter and it be also ensured that no request seeking any unnecessary adjournment from the side of the respondent therein is entertained.

Petition stands disposed of with request to the learned Trial Court to make best endeavor to dispose of the matter, as expeditiously as possible and, preferably, within a period of one year. Needless to say, the concerned parties shall extend their cooperation and assistance in this regard.

Pending applications stand disposed of in aforesaid terms.

Copy of this order be given dasti under the signatures of the Court Master.

(MANOJ JAIN) JUDGE

MAY 23, 2025 /sw/JS

Signature Not Verified

CM(M) 3591/2024 2

Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 4.05.2025 14:46:35