Mohit Mehta v. Nayanika Thakur

$~12&13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 1188/2017 MOHIT MEHTA ..... Petitioner Through:

Mr. Harish Uppal & Mr. Tileshwar Prasad, Advs.

Versus

NAYANIKA THAKUR ..... Respondent Through:

Mr. Anil K. Aggarwal, Adv.

AND CM(M) 1190/2017 MOHIT MEHTA ..... Petitioner Through:

Mr. Harish Uppal & Mr. Tileshwar Prasad, Advs.

Versus

NAYANIKA THAKUR ..... Respondent Through:

Mr. Anil K. Aggarwal, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 11.07.2018 1.

These petitions, both under Article 227 of the Constitution of India, arise from HMA No.980/2016 and HMA No.637/2014, both filed by the petitioner / husband for dissolution of his marriage with the respondent / wife under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 respectively and pending before the Principal Judge, Family court, Patiala House Courts, New Delhi.

2.

It is not possible to take up these petitions today. 3.

The counsel for the petitioner / husband states that he is willing to withdraw these petitions upon a direction being issued to the Principal Judge, Family Court, Patiala House Courts, New Delhi, where the proceedings aforesaid for dissolution of marriage are pending, to dispose of the same within one year from today.

4.

The counsel for the respondent / wife has no objection but states that he has filed applications under Order VII Rule 11 of the CPC and under Order II Rule 2 of the CPC in the said proceedings. 5.

Needless to state that if the applications are allowed, the Principal Judge, Family Court shall act accordingly.

6.

The counsel for the petitioner / husband also states that the respondent / wife has already been proceeded against ex parte in both the petitions and applications for setting aside of the order proceeding ex parte against the respondent / wife are pending.

7.

Needless to state that nothing in this order shall influence the decision of the said applications of the respondent / wife. 8.

The petitions are thus dismissed as withdrawn. 9.

The Principal Judge, Family Court, Patiala House Courts, New Delhi is requested to endeavour to decide HMA No.980/2016 and HMA No.637/2014 pending before him within one year of today. 10.

The counsels undertake to fully cooperate in early disposal of the proceedings before the Principal Judge, Family Court, Patiala House Courts, New Delhi.

11.

Trial Court records requisitioned in this Court be forthwith returned. No costs.

RAJIV SAHAI ENDLAW, J JULY 11, 2018 'gsr'..