Inayat Rai Bharti Mittal v. Rajit Bharti Mittal

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 283/2018 I ..... Petitioner Through:

Ms.Malavika Rajokotia, Ms.Arpita Rai, Mr.Ramakant Sharma, Advocates versus R ..... Respondent Through:

Mr.Arun Khosla, Mr.K.

Gangadharan, Mr.Manjeet Kapil, Advocates.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 14.03.2018 1.

The petitioner has filed this petition to seek a direction to the respondent to sign the visa form and give a no objection certificate for travel of the minor daughter 'Shanaia' to travel along with the petitioner to Canada on 3rd April, 2018.

2.

Learned counsel for the respondent submits that this petition is not maintainable as the petitioner has filed an application before the learned Family Court which is pending.

3.

Learned counsel for the petitioner submits that her application before the Family Court is listed on 16th April, 2018. It is submitted that the petitioner's application for travel permission to Canada would be closed by the Canadian Embassy on 17th March, 2018 and therefore, there is urgency in adjudication of the petitioner's application before 17th March, 2018. 4.

Learned counsel for the respondent has no objection to the preponement of the date of hearing of the petitioner's application before the

Family Court.

5.

Learned counsel for the petitioner makes an oral prayer for directing the Family Court to take up the petitioner's application tomorrow i.e. on 15th March, 2018.

6.

In the facts and circumstances of this case and considering the urgency in the matter, the learned Family Court is directed to take up the petitioner's application for direction to the respondent to sign the visa form and give no objection for travel of minor daughter 'Shanaia' with the petitioner to Canada, on 15th March, 2018 at 2.30 PM. 7.

Learned counsels for both the parties agree not to seek any adjournment before the Family Court tomorrow i.e. on 15th March, 2018 and to restrict the oral submissions to 20 minutes each. The parties are also given liberty to file brief note of submissions not exceeding three pages before the Family Court at the time of the hearing. 8.

Learned Family Court shall expedite the hearing and disposal of the petitioner's application.

9.

Both the parties shall remain present in Court at the time of the hearing before the Family Court.

10.

This petition is disposed of in the above terms. 11.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

MARCH 14, 2018 dk