Danish Kamal & ANR v. None

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 41/2020 & C.M. No. 5462/2020 DANISH KAMAL & ANR ..... Appellant Through Mr. Pradeep Narula and Ms. Pooja Maurya, Advocates.

versus NONE ..... Respondent Through Nemo.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 11.02.2020 1.

The appellant is aggrieved by an order dated 28.1.2020, passed by the learned Family Court whereunder, the following preliminary issue has been framed in a petition filed jointly by the parties for seeking divorce by mutual consent under Section 28 (2) of the Special Marriage Act (SMA No.23/2019):- "Whether the petition in its present form is maintainable ?" 2.

It is noteworthy that the next date fixed for arguments on the preliminary issue framed above is 14.2.2020, which is three days down the line. We therefore decline to entertain the present appeal. It is for the parties to satisfy the learned Family Court on addressing arguments on the preliminary issue framed.

3.

The appeal is disposed of alongwith the pending application. HIMA KOHLI, J ASHA MENON, J FEBRUARY 11, 2020/NA/ap