Shaila Kamal Grover v. Kamal Kundan Grover

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 238/2018 SHAILA KAMAL GROVER ..... Appellant Through:

Mr Harish Malhotra, senior counsel with Mr Anil Sharma and Mr Gurpreet Singh Sethi, Adv versus KAMAL KUNDAN GROVER ..... Respondent Through:

Nemo

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 24.09.2018 CM No. 38802/2018 (exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.

MAT.APP.(F.C.) 238/2018 and CM No. 38803/2018 (Stay) The present appeal is directed against the order dated 10.08.2018. Reading of the order would show that in fact the request of the appellant / wife was acceded to and the learned Family Court had adjourned the matter from 10.08.2018 to 28.08.2018 to enable the appellant to appear before the Local Commissioner for her cross examination. Accordingly, no further orders are required to be passed in this appeal.

Mr Malhotra, learned senior counsel appearing for the

appellant, however, submits that on 28.08.2018 also the appellant could not appear before the Local Commissioner and he fears that the Family Court may pass an adverse orders. Mr Malhotra further submits that since the appellant is not fit enough to appear before the Local Commissioner, he would make an application before the Family Court for recording of her cross examination at her residence by the Local Commissioner.

Although the appeal is dismissed as not pressed, we grant liberty to the appellant to make an appropriate application with supporting documents before the Family Court. We expect the Family Court to consider the application in the light of the prescriptions and medical reports which may be annexed, so that neither the matter is delayed nor the appellant is put to inconvenience. With these observations, the appeal is disposed of. Dasti.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J SEPTEMBER 24, 2018 SU