Sunil Chowdhary v. Pooja Dutta

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 66/2019 SUNIL CHOWDHARY ..... Appellant Through:

Mr. Hemant Gupta, Advocate versus POOJA DUTTA ..... Respondent Through:

CORAM:

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

O R D E R

% 11.03.2019 CM APPL. 10086/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.

CM APPL. 10088/2019 For the reasons stated in the application, the same is allowed and the delay of 28 days in filing the appeal is condoned. The application stands disposed of.

MAT.APP.(F.C.) 66/2019 & CM APPL. 10087/2019 The appellant is aggrieved by the order dated 22.12.2018 passed by the Family Court with regard to the arrangement regarding meeting rights of the appellant with his 7 years old son.

At the outset, we have pointed out to the learned counsel that the order is a consent order. Learned counsel submits that the appellant did not consent to the order and in fact, had even protested to the language which is used in the order but the Family Court had asked him to challenge the same. We have heard the learned counsel for the appellant. A reading of the order shows that the same is a consent order. Needless to say that in case the appellant makes an application for review/clarification or modification, the Family Court will consider the request of the appellant. The Family Court would clarify (i) as to whether the order of 22.12.2018 is a consent order or not; (ii) whether after passing of the order, the appellant had refused to sign the same as claimed by him in Court today, and (iii) as to whether he had made any protest at all.

With these directions, the appeal, along with the accompanying application, is disposed of granting liberty to the appellant to approach this Court again, if the necessity so arises.

Dasti G.S.SISTANI, J JYOTI SINGH, J MARCH 11, 2019 rd MAT.APP.(F.C.) 66/2019