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High Court of DelhiCM(M)/2614/2024

Gurpreet Singh Kochar & ORS. v. Preeti Bhalla @ Preeti Kochar

2024-05-20Hon'Ble Ms. Justice Shalinder Kaur3 pages

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2614/2024 GURPREET SINGH KOCHAR & ORS.

..... Petitioners Through:

Mr. Aseem Atwal and Ms. Aprajita Tyagi, Advs.

versus PREETI BHALLA @ PREETI KOCHAR ..... Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 20.05.2024 CM APPL. 30203/2024-Exp.

1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CM(M) 2614/2024, CM APPL. 30204/2024-8 days in re-filing 3.

The supervisory jurisdiction of this Court is invoked under Article 227 of the Constitution of India for seeking directions to the learned Metropolitan Magistrate (Mahila Court), West, Tis Hazari Court, Delhi (hereinafter referred to as ―Trial Court‖) in MC No 264/2023 titled as ―Preeti Bhalla @ Preeti Kochar vs. Gurpreet Singh Kochar‖. 4.

The petitioner vide the present petition has sought the following prayers:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

―a) Direct that the Child Visitation Application filed by the Petitioner no. 1 in MC 264/2023 before the Ld. MM (Mahila Court), Tis Hazari Court, West, Delhi be adjudicated expeditiously;

b) Grant visitation right to the Petitioners for Master Anhad Singh Kochar in a supervised environment at the Tis Hazari Court Complex till the pendency of the Child Visitation Application pending in MC 264/2023; c) Allow the Petitioners to converse with Master Anhad Singh Kochar through Video Conferencing or telephonically every alternate day till the pendency of the Child Visitation Application pending in MC 264/2023; d) Permit the Written Statement filed on behalf of the Petitioner herein in MC No. 264/2023 before the Ld. MM (Mahila Court), Tis Hazari Court, West, Delhi to be placed on record and relied upon by the Ld. Trial Court while adjudicating the matter;

e) Direct the psychological assessment of the minor child Master Anhad Singh Kochar to be carried out in a fair and impartial manner by a unbiased authority under the supervision of this Hon'ble Court in the interest of justice;‖

5. Learned counsel at the outset submits that with respect to the abovesaid prayer clauses (b), (c), (d) and (e), he shall be moving before an appropriate forum as per law. However, with respect to prayer clause (a), he is seeking expeditious disposal of his application seeking temporary custody of the minor child which he had preferred before the learned Trial Court on 15.07.2023 and which has yet not been disposed of and is to be heard on 21.08.2024.

5.

The learned Trial Court is to expeditiously dispose of interim application seeking temporary custody of the child and to make an endeavour to hear the arguments on the application on the next date of hearing which is fixed on 21.08.2024.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

With above observations, the petition along with pending applications stands disposed of.

SHALINDER KAUR, J.

MAY 20, 2024/SDS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.