Shilpa Chaudhary v. Abhishat Chaudhary

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 921/2017 & Crl.M.A.20320/2017 SHILPA CHAUDHARY ..... Petitioner Through:

Ms.

Amrita Sharma, Adv.

with petitioner in person.

versus ABHISHAT CHAUDHARY ..... Respondent Through:

Ms.Chandrika Gupta, Adv.

Ms.Anju Thomas, Adv for BSES.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 13.02.2019 1.

Petitioner, by this petition, impugns order dated 24.10.2017 whereby the trial court had directed that the petitioner would not be entitled to any maintenance for the period of delay caused by her from 22.07.2015 till she tendered her evidence.

2.

Order dated 24.10.2017 was an order as a sequitur to order 16.08.2017, whereby the Court had prima facie noticed that the petitioner would not be entitled to maintenance for the period she had delayed the petition.

3.

During pendency of the present petition, the petitioner led her evidence and on 04.08.2018, trial court recorded that the order dated 16.08.2017 directing that the petitioner would not be entitled for the maintenance for the delay caused by her was recalled. CRL.REV.P. 921/2017

4.

Learned counsel for the petitioner submits that since the directions that petitioner would not be entitled for the maintenance for the period of delay, which are impugned by her in these proceedings, has already been recalled by order dated 04.08.2018, nothing survives in the present petition and accordingly she prays for leave to withdraw the present petition.

5.

Accordingly, the petition is dismissed as withdrawn. SANJEEV SACHDEVA, J FEBRUARY 13, 2019 'rs'

CRL.REV.P. 921/2017