Kanchan Sapra v. Neeraj Sapra

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 245/2020 & CMs 7462-63-64/2020 KANCHAN SAPRA ..... Petitioner Through:

Mr.Ishan Jain, Mr.Yash Prakash and Mr.Hrishikesh Jha, Advs.

versus NEERAJ SAPRA ..... Respondent Through:

Mr.Kamlesh Mahajan, Mr.Prince Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 25.02.2020 CM Nos.7463-64/2020 (Exemption) Allowed, subject to all just exceptions.

CM(M) 245/2020 & CM No.7462 (Stay) This petition has been filed by the petitioner primarily aggrieved of the order dated 19.11.2019 passed by the learned Principal Judge, Family Court (West), Tis Hazari Courts, Delhi in HMA No.140/2016, accepting that the respondent no.2 has been served by way of affixation. The learned counsel for the petitioner submits that in fact there is no such person in existence and such respondent no.2 is only a figment of imagination of the respondent herein. He submits that the petitioner apprehends that the alleged respondent no.2 being proceeded ex-parte, a presumption would be drawn by the learned Trial Court against the petitioner herein.

In my opinion, the apprehension of the petitioner is not well founded at this stage. It will always be for the respondent herein to prove the existence of the respondent no2 and his allegation against such person in relation to the petitioner herein and merely by the respondent no.2 being proceeded ex-parte, no such presumption against the petitioner would be available to discharge the said burden.

In view of the above, the present petition is disposed of. NAVIN CHAWLA, J FEBRUARY 25, 2020/Arya