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High Court of DelhiMAT.APP.(F.C.)/168/2018

Japna Bal v. Ravindra Prathap Singh

2018-07-27Hon'Ble Ms. Justice Deepa Sharma2 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 168/2018 JAPNA BAL ..... Appellant Through Mr. Rosemary Raju, Advocate.

versus RAVINDRA PRATHAP SINGH ..... Respondent Through Mr. A.S. Anand, Mr. Tarun Goomber, Mr. Gaurav Goswami & Mr. Richa Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE P.S. TEJI

O R D E R

% 27.07.2018 The present appeal is directed against the order dated 07.07.2018 passed by the Family Court by which an application filed by respondent for expeditious hearing of the petition and fixing the matter on day to day hearing for one week has been allowed.

Learned counsel appearing for the appellant submits that since the Family Court by an order dated 07.07.2018 has fixed the date for evidence between 30.07.2018 to 04.08.2018, it would not be possible for the lawyer to appear continuously in the matter on account of prior commitments. It is contended that the concerned lawyer has also offered to the client that she may look for an alternate arrangement, but the appellant-wife fears that on account of shortage of time, serious prejudice would be caused to her rights. As an alternate, learned counsel prays that the time before the Local Commissioner may be fixed between 3 PM to 6 PM instead of 11 AM till Court hours. Mr. Anand, Advocate, who appears on behalf of respondent, on notice

having been served fairly agrees to the alternative suggestion so made subject to condition that no party would seek unnecessary adjournment in the matter. Learned counsel for the respondent also agrees to the same. Accordingly, with consent of the parties, we modify the order passed by the Family Court to the extent that the proceedings would take place between 3 PM to 6 PM in view of the circumstances and hardship explained by learned counsels. In case, crossexamination is not concluded between 30.07.2018 to 04.08.2018, the time would be extended by three days.

With these directions, the appeal and CM APPL 2445/2018 (stay) are disposed of.

G.S.SISTANI, J P.S. TEJI, J JULY 27, 2018 ck/