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Mr Michael Chakraborty vs Shyamashri Chakraborty on 21 February, 2024

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Delhi High Court – Orders

Mr Michael Chakraborty vs Shyamashri Chakraborty on 21 February, 2024

$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1936/2024
MR MICHAEL CHAKRABORTY ….. Petitioner
Through: Ms. Advocate. (appearance not given)

versus

SHYAMASHRI CHAKRABORTY ….. Respondent
Through: None.

CORAM:
HON’BLE MS. JUSTICE SHALINDER KAUR
ORDER

% 21.02.2024
CM APPL. 10616/2024 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CM(M) 1936/2024

3. The present petition under Article 227 of the Constitution of India,
1980 has been filed impugning the order dated 04.01.2024 passed by learned
Principal Judge, Family Court, Tis Hazari Courts(Central) (hereinafter
referred as ―PJFC‖) in HMA case no. 140/2019 titled as ―Mr Michael
Chakraborty vs. Shyamashri Chakraborty‖ whereby hearing of ex-parte
final arguments in the divorce petition before the learned PJFC is deferred
for 04.04.2024. Therefore, petitioner seeks expeditious disposal of his
divorce petition.

4. It is submitted that on 15.01.2019 the petitioner had filed petition for
dissolution of marriage under Section 13(1)(a) and Section 13(1)(ii) of the

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 26/02/2024 at 21:16:08
Hindu Marriage Act, 1955. On 27.09.2019, petitioner filed copy of pliant
and supplied the same to the respondent. Repated opportunities were given
to the respondent to file the written statements on several occasions. Finally,
learned Trial Court gave the last opportunity to the respondent to file written
statement subject to cost of Rs. 5,000/- failing which vide order dated
26.02.2022 learned Trial Court ordered the said petition to be proceeded ex-
parte against the respondent.

5. It is submitted on behalf of the petitioner that the matter was listed for
the first time for hearing final arguments on 05.08.2022, after the petitioner
was examined and discharged and petitioner’s evidence was closed on
04.05.2022. The learned counsel for the petitioner had submitted that on
05.08.2022 itself the application for amendment of plaint under
Order VI
Rule 17 of CPC was dismissed as the same was not pressed. The ex-parte
final arguments were heard and the matter was listed for orders on
25.08.2022. Thereafter, certain clarifications on point of jurisdiction were
sought and the petitioner was also directed to file an affidavit disclosing his
citizenship and domicile status, same has been complied on 05.10.2023.
Since then, the matter has been lingering either for consideration or for
pronouncement of judgment.

6. It is submitted that the ex-parte arguments were last heard on
04.01.2024 however, again the matter is listed for arguments on 04.04.2024.

7. It is submitted that the petitioner is a senior citizen and the said delay
in the trial is causing mental harassment to him. Therefore, the learned
counsel for petitioner seeks directions to the learned PJFC to expeditiously
dispose of the petition for dissolution of marriage pending before it.

8. Time and again guidelines have been issued for Family Courts for

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 26/02/2024 at 21:16:08
early disposal of the petitions filed before it. In
Smt.Sumi Mol vs. Sh.
Suresh Kumar E. K. in MAT APP. (F.C.) 127/2023 decided on
31.07.2023, the guidelines mentioning the timeframe within which the
petitions are to be disposed of, has also been mentioned.

9. The learned PJFC is directed to expeditiously dispose of the petition
and to seek any clarification, if required, on the next date of hearing i.e.
04.04.2024 and finally dispose of the same.

10. With above directions, the present petition stands disposed of.

SHALINDER KAUR, J.

FEBRUARY 21, 2024/SDS/DP

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 26/02/2024 at 21:16:09

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