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High Court of DelhiW.P.(C)/5514/2024

Swati Saista v. Dhirendra Kumar

2024-04-22Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5514/2024 SWATI SAISTA ..... Petitioner Through:

Petition-in-person versus DHIRENDRA KUMAR ..... Respondent Through:

Mr.

Ajit Kumar, Mr.

Ramesh Chandra Verma, Mr. Bharat Bhushan Sharma, Mr. Puneet Gupta, Mr.

Ayush, Mr. Dinesh Bhaduria, Mr.

Pulkit, Ms. Rashmi Priya and Mr.

Utkarsh Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 22.04.2024 CM APPL. 22652/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 5514/2024 & CM APPL. 22653/2024 1.

The Petitioner has approached this Court with the following prayers:- "i) Issue a writ of certiorari quashing the impugned orders dated 11-01-2024 and 02-02-2024 passed by the Ld. Family Court in Case No. HMA 278/2020 (CNR No. DLSW04-000376-2020), declaring them to be null and void, and direct the Ld. Family Court to pass fair and just orders in accordance with the principles of law;

ii) Issue a writ of mandamus directing the Ld. Family 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 03/07/2025 at 21:38:28

Court to consider the Petitioner's DV complaint dated 18-10-2022 and grant the reliefs sought thereunder; iii) Issue a writ of mandamus directing the Ld. Family Court to consider the non-payment of interim maintenance by the Respondent; and iv) Pass any other order/orders this Hon'ble High Court deems fit and necessary in the interest of justice and fair play."

2.

The Petitioner appears in person. When this Court suggested to the Petitioner that the proper course for the Petitioner would be to file a petition under Article 227 of the Constitution of India, the Petitioner, who appears in person, seeks permission to withdraw the present writ petition with liberty to file a petition under Article 227 of the Constitution of India. 3.

Permission and liberty, as prayed for, is granted. 4.

The petition is disposed of as withdrawn along with pending application(s), if any.

5.

It is made clear that this Court has not made any observation on the merits of the case.

SUBRAMONIUM PRASAD, J APRIL 22, 2024 hsk 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 03/07/2025 at 21:38:28