Ishwar Prakash Sahani v. Eshita Khanna

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 56/2020 and CM APPL. 6558-59/2020 ISHWAR PRAKASH SAHANI ..... Appellant Through: Mr. Rishab Raj Jain and Mr. Sharique Hussain, Advocates versus ESHITA KHANNA ..... Respondent Through: Mr. Siddharth Pandit, Advocate

CORAM:

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

O R D E R

% 24.02.2020 1.

The appellant is aggrieved by an order dated 08.01.2020, passed by the learned Family Court, dismissing an application moved by him under Order VII Rule 11 CPC, for rejecting the divorce petition filed by the respondent under Section 13(1)(ia) of the Hindu Marriage Act, on the ground that the learned Family Court (South East) at Saket is not vested with the territorial jurisdiction to entertain the said petition. 2.

After some submissions, learned counsel for the appellant states that he may be permitted to withdraw the present appeal while reserving the right of his client to approach the learned Family Court for framing an issue on the aspect of territorial jurisdiction at the appropriate stage. 3.

Leave, as prayed for, is granted. The appeal is dismissed as withdrawn alongwith the pending applications.

HIMA KOHLI, J ASHA MENON, J FEBRUARY 24, 2020 rkb