High Court of DelhiMAT.APP.(F.C.)/31/2019

Mala Singh Chawla v. Rahul Chawla

2019-01-31Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Ms. Justice Jyoti Singh2 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 31/2019 & CM APPL. 4842/2019, 4844/2019 MALA SINGH CHAWLA ..... Appellant Through:

Ms. Malvika Rajkotia, Ms.Arpita Rai, Ms.Rytim Vohra, Ms.Akriti Tyagi, Mr.Mayank Grover and Ms.Trisha Gupta, Advocates.

versus RAHUL CHAWLA ..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 31.01.2019 CM.APPL. 4843/2019 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

MAT.APP.(F.C.) 31/2019 & CM APPL. 4842/2019, 4844/2019 Challenge in this appeal is to the order dated 30.01.2019 which reads as under:

"GP No.21/18 Rahul Chawla vs. Mala Singh 30.01.2019 File taken up as an application U/s 151 of CPC filed by petitioner.

Present:

Petitioner with proxy counsel Sh. Sahil Modi for counsel Sh. Pranav Vashistha.

Petitioner submits that in his absence, during the day time, respondent was removing the belongings of the child

Amaira despite the restraint order by the Court. He has filed on record snap shots of mobile camera, which shows that respondent is taking out bags full of belongings & fully loaded bags out from the house along with certain staff. Petitioner also submits that he has also filed certain photographs of the minor daughter Amaira's bed room, which shows that cupboards are completely empty and respondent has removed all her belongings.

In view of the apprehension of the petitioner, the respondent is restrained from removing the minor daughter Amaira from her current place of residence i.e. S-197, First Floor, GK-II, New Delhi till the next date of hearing. Issue notice of the application to the respondent as well as her counsel on filing of PF & RC for 31.01.2019 at 10:00 am.

Summons be taken dasti.

Copy of order be given dasti.

(MADHU JAIN) JUDGE FAMILY COURT, SOUTH EAST SAKET, NEW DELHI, 30.01.2019"

Ms.Rajkotia, learned counsel for the appellant submits that before this order could be served upon the appellant, the mother and daughter had left the matrimonial home and informed the father. She further submits that restraint impugned order has not been extended by the Family Court. Accordingly, as prayed, the appeal along with pending applications be disposed of, as not pressed.

G.S.SISTANI, J JYOTI SINGH, J JANUARY 31, 2019/ssc MAT.APP.(F.C.) 31/2019