Ginni v. Harpreet Kaur & ORS

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3797/2018 & Crl.M.A.28966/2018 GINNI ..... Petitioner Through:

Mr. Praveen Suri and Ms.Jessica Jacob, Advs.

versus HARPREET KAUR & ORS .... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 28.08.2019 1.

Learned counsel for the petitioner, after some arguments, submitted that he has already raised the plea of shared household before the Trial Court in the reply. Learned counsel for petitioner further submitted that no specific prayer has been made by the respondent No.1 against the petitioner, hence, the petition under Section 12 in The Protection of Women from Domestic Violence Act, 2005 filed by the respondent No.1 against the petitioner is not maintainable.

2.

Learned counsel for the petitioner further submitted that the Trial Court may be directed to treat this issue as a preliminary issue and dispose of the same in accordance with law and he may be allowed to withdraw the present petition without prejudice to the rights and contentions of the parties.

3.

In view of the aforesaid submissions, the petition is dismissed as withdrawn. The Trial Court is directed to decide the issue regarding

the shared household between the respondent No.1 and the petitioner as a preliminary issue in accordance with law at the earliest. 4.

Petition is disposed of in the above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J AUGUST 28, 2019/rk