Dharamvir v. Preeti

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 955/2018, CM No.33380/2018 (for exemption) & CM No.33381/2018 (for exemption from filing complete Trial Court Record).

DHARAMVIR ..... Petitioner Through:

Petitioner in person.

versus PREETI ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 20.08.2018 1.

This petition under Article 227 of the Constitution of India has been filed seeking a direction to the Court of Additional Principal Judge, Family Courts, Tis Hazari, Delhi before which HMA No.42/17/12 filed by the petitioner husband against the respondent wife is pending consideration, to "record the petitioner's submissions in strict manner". 2.

The petition has been filed by the petitioner husband in person and a person claiming to be the petitioner appears in person and has argued on the same lines as pleaded it the petition.

3.

In the petition it is merely stated, (i) that during the proceedings before the Family Court on 18th July, 2018, the respondent wife flatly refused to join the matrimonial society of the petitioner husband; (ii) that during the proceedings before the Family Court on 21st July, 2018, the counsel for the respondent wife submitted that the respondent wife wanted to join the matrimonial society of the petitioner husband on the condition that the petitioner husband pays Rs.10,000/- per month; (iii) that during the CM(M) 955/2018

proceedings before the Family Court on 21st July, 2018, the respondent wife submitted that she wanted to join matrimonial society with the condition that the petitioner husband pays Rs.50,000/- per month to the respondent wife; and, (iv) however the Family Court, inspite of the request of the petitioner husband, did not record the aforesaid happenings. 4.

The petitioner husband cannot invoke the jurisdiction under Article 227 of the Constitution of India in the aforesaid circumstances. The remedy if any of the petitioner husband is before the Family Court only. Dismissed.

No costs.

RAJIV SAHAI ENDLAW, J AUGUST 20, 2018 'pp'

CM(M) 955/2018