Virender Tanwar v. Anjali

SHAKUN ANAND 28.01.2019 11:35 $~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 193/2019 & Crl.M.A. 833-34/2019 VIRENDER TANWAR ..... Petitioner Through:

Mr. Yadunandan Bansal, Adv.

versus ANJALI ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 15.01.2019 Duress process has been issued by the Family Court against the petitioner in execution petition no. 460/2017 instituted by the respondent. The counsel for the petitioner explains that the said execution proceedings arise in the wake of order passed under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The fact that the order which is sought to be challenged has been passed by the Family Court shows that the remedies against it will have to be pursued in terms of the special law governing the said forum i.e. the Family Courts Act, 1984.

In this view, it is not proper to invoke the inherent power of this Court under Section 482 Cr.P.C.

The counsel for the petitioner, at this stage, submitted that he may be permitted to withdraw the present petition and instead approach the appropriate remedy under the Family Courts Act, 1984. The petition and the applications filed therewith are dismissed as withdrawn.

Dasti under the signatures of Court Master.

R.K.GAUBA, J JANUARY 15, 2019/nk