Sanjeev Kumar v. Chanchal @ Chetna & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 55/2020 SANJEEV KUMAR ..... Appellant Through:

Mr. Ratandip Singh & Mr. Sahil Khurana, Advocates versus CHANCHAL @ CHETNA & ORS ..... Respondents Through:

None

CORAM:

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

O R D E R

% 18.02.2020 C.M. APPL.6612/2020 Allowed subject to just exceptions.

MAT.APP.(F.C.) 55/2020 The limited grievance raised by the appellant/petitioner in the present appeal is against the disinclination of the learned Family Court Judge to take on record an application presented by him on 17.01.2020 for the relief of preserving the Call Detail Records (CDR) of the mobile phones of the respondents as mentioned in the application.

It is the submission of the learned counsel for the appellant/petitioner that he had appeared before the learned Family Court on 17.01.2020, the date fixed for the respondents to file their written statements and on the said date, he had carried with him an application enclosed with the present appeal and marked as Annexure B, for being presented to the learned Family Court but

the learned Family Court Judge declined to take it on record, leaving the appellant remediless. Learned counsel states that all that the appellant seeks is permission to take on record the application in question for the learned Family Court Judge to consider the same and pass appropriate orders, as may be deemed fit.

As the limited relief sought in the present appeal is only for the learned Family Court to take on record the application in question, the requirement of issuing notice in the appeal to the non-applicants/respondents is dispensed with. We do not propose to examine the merits/demerits of the said application. All that is left for the learned Family Court to examine. The present appeal is disposed of with a direction to the learned Family Court to take on record the application moved by the appellant (Annexure-B) on the next date of hearing before it and pass appropriate orders thereon, in accordance with law.

A copy of this order shall be forwarded forthwith by the Registry directly to the Family Court Judge for information. The appeal is disposed of.

HIMA KOHLI, J ASHA MENON, J FEBRUARY 18, 2020 a/sm