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High Court of DelhiCM(M)/414/2016

Amit Kumar v. Rinki Kumari

2016-08-19Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 414/2016 AMIT KUMAR ..... Petitioner Through Mr.Juggal Bagga, Advocate.

versus RINKI KUMARI ..... Respondent Through Respondent in person.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.08.2016 Petitioner is seeking setting aside of the order dated 26.02.2016 passed by the Family Court. His submission is that he is aggrieved by the manner in which the proceedings are being conducted by the Family Court, Dwarka. Averments in the writ petition have been perused. His additional prayer in the petition is that case titled Amit Kumar Vs. Rinki and Anr. H.M.A.No.715/2014 be decided expeditiously.

On advance notice, respondent has appeared in person. Her counsel is not present.

Order dated 26.02.2016 was passed on an application seeking transfer of proceedings from one court to another. Principal Judge, Family Court Dwarka has passed this order dismissing the transfer petition but noting that the concerned Principal Judge, Family Court will facilitate the meeting of the father with the child; the parties had

been directed to appear before the Family Judge on 05.3.2016. On a candid query put to the learned counsel for the petitioner, he under instructions from the petitioner (present in Court) submits that he is meeting his child on the every first and third Sunday of every month. His submission is that the birthday of the child is on 13.11.2016 and his apprehension is that he would not be given visitation right to meet his child.

This apprehension is totally ill founded. The birthday of the child which is stated to be on 13.11.2016 is yet three months away. There is no application filed by the petitioner before the concerned Family Court on this count. At this stage, learned counsel for the petitioner submits that he has moved an application before the Family Court and that application is now listed for 03.9.2016. In this background, this Court notes that this petition is wholly frivolous and is only an attempt to harass the respondent. This petition is dismissed with cost of Rs.5000/-. INDERMEET KAUR, J AUGUST 19, 2016 ndn