High Court of DelhiTR.P.(C.)/156/2018

Faisal Khan v. Humera

2018-08-20Hon'Ble Ms. Justice Anu Malhotra2 pages

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 156/2018 FAISAL KHAN ..... Petitioner Through:

Mr.N.N.Ahmed, Advocate versus HUMERA ..... Respondent Through:

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 20.08.2018 CM No. 33395/2018 (Exemption) This is an application filed on behalf of the petitioner for exemption from filing certified copies of the annexures. Exemption allowed, subject to just exceptions. TR.P.(C) No. 156/2018 Initial submissions have been made on behalf of the petitioner. Vide the present petition, the petitioner seeks transfer of proceedings in Guardian Petition bearing GP No. 24/2013 from the Court of Principal Judge (Family Court) , South East District to the Additional Judge (Family Court) South-East District, Saket or to the Principal Judge (Family Court) South District submitting to the effect that there is no incumbent in the post of the Principal Judge, Family Court since December, 2017 the time of retirement of the previous incumbent since and that there is an urgency in the matter in as much as vide proceedings dated 10.6.2016 in the Court of the Principal

Judge (South-East), a statement had been made by the respondent to the said Guardianship Petition No. 24/13 arrayed as respondent to the present petition to the effect that she would not take the child out of India without prior permission of the Court and the said undertaking has been violated indicated vide the status report dated 6.4.2018 of the SHO PS Darya Ganj as submitted in Writ Petition (Crl.) No. 973/2018, submitting to the effect that the respondent is happily married and staying with her husband along with her son with same name as mentioned in Guardianship petition No. 24/13, at Dubai and that her present whereabouts not being known.

Taking the said submission into account in view of the fact of there being no incumbent in the Family Court (South-East) District and the urgency involved in the matter, the proceedings in the Guardianship Petition No. 24/13 are withdrawn from the Court of the Principal Judge, (Family Court), South-East District, Saket Courts, to the Additional Principal Judge (Family Court) where the proceedings of the present matter be placed on 8.10.2018 and where the parties are directed to appear on that date.

Notice of this order be served to the respondent and her counsel by the Registry.

The petition is disposed of.

ANU MALHOTRA, J AUGUST 20, 2018/SV