Manoj Singh Negi v. Ruchi

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 139/2023 MANOJ SINGH NEGI ..... Appellant Through:

Mr A.K. Mishra and Mr Vaibhav Kumar Singh, Advs.

versus RUCHI ..... Respondent Through:

Ms Nidhi Mohan Parashar and Mr Vikrant Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 23.04.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM Appl.21680/2024 [Application filed by the appellant for withdrawal of appeal] 1.

This is an application filed by the appellant seeking withdrawal of the appeal.

2.

Ms Nidhi Mohan Parashar, learned counsel, who appears on behalf of the respondent/wife, does not oppose the prayer made in the application. The only concern Ms Parashar expresses is that the appellant/husband should not end up using the order passed in the application to dilute the order dated 17.10.2022 passed by the Family Court granting permanent alimony to the respondent/wife.

MAT.APP.(F.C.) 139/2023 1⁄2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 12:57:19

3.

To be noted, on the previous date, the above-captioned application, accompanied by the appeal, came up for hearing. This very apprehension was expressed on behalf of the respondent/wife and therefore, a direction was issued that the matter be taken up on the same date when the other connected appeals are listed.

3.1 Today, on our board, the connected appeals i.e., MAT.APP.(F.C.) 58/2023 and MAT.APP.(F.C.) 142/2023 are also listed. 4.

To our minds, the apprehension is misplaced. Thus, the prayer made in the application is allowed. The appellant is permitted to withdraw the appeal.

5.

We emphasize that the withdrawal of the appeal, as prayed for, will not impact other pending appeals.

6.

The application is disposed of in the aforesaid terms. MAT.APP.(F.C.) 139/2023 & CM Appl.25737/2023 7.

Given the order passed in CM Appl.21680/2024, nothing further remains to be done.

8.

Resultantly, the appeal and the above-captioned application are closed.

RAJIV SHAKDHER, J AMIT BANSAL, J APRIL 23, 2024/pmc Click here to check corrigendum, if any MAT.APP.(F.C.) 139/2023 2/2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 12:57:19