Jatin Walia v. Parul Walia
$~21 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 152/2024 JATIN WALIA ..... Appellant Through:
Mr Ankit Mehta, Advocate.
versus PARUL WALIA ..... Respondent Through:
Mr Zakir Husain, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 03.05.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 26140/2024 1.
Allowed, subject to just exceptions.
MAT.APP.(F.C.) 152/2024 & CM APPL. 26138-39/2024, 26141-42/2024 2.
After some arguments, counsel for the appellant/father seeks to withdraw the appeal.
3.
To be noted, this is an appeal preferred against the orders dated 20.01.2024 and 24.04.2024 passed by the learned Judge, Family Court-02, Shahdara District, Karkardooma Courts, Delhi. 4.
The order dated 24.04.2024 was passed in a "contempt petition" preferred by the respondent/mother to enforce the operative directions contained therein for interaction/visitation rights passed in the order dated 20.01.2024.
5.
The only observation that we need to make vis-a-vis the order dated 24.04.2024 is that the learned Family Court Judge seems to be under a MAT.APP.(F.C.) 152/2024 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 22/05/2024 at 12:03:40
misapprehension that she can exercise powers under the Contempt of Courts Act, 1971. This power is not available to the learned Family Court Judge. 6.
The learned Family Court Judge may have to take recourse to appropriate powers under the Code of Civil Procedure, 1908 [in short "CPC"].
7.
Given these observations, as prayed, the appeal is dismissed as withdrawn.
8.
Consequently, all pending applications shall stand closed. RAJIV SHAKDHER, J AMIT BANSAL, J MAY 3, 2024 at Click here to check corrigendum, if any MAT.APP.(F.C.) 152/2024 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 22/05/2024 at 12:03:40