High CourtsDivision Bench(2023) 07 DEL CK 4447

Vaibhav Oberoi vs Nimisha Dua

Delhi High Court · Decided on 6 July 2023

HON’BLE JUDGES
Suresh Kumar Kait, J · Neena Bansal Krishna, J
RESULT
Allowed
CASE NUMBER
MAT.APP.(F.C.) 52/2023 & CM APPL. 8686/2023

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Judgment

10 paragraphs · 269 words
1.

Vide the present appeal, the appellant is seeking following relief:

“a.) Set aside the impugned Judgment and Order dated 15.10.2022 and 14.02.2023 passed by the Court of Shri Harish Kumar, Judge, Family Court, Patiala House Courts, Delhi in HMA No. 426/2022 and take the written statement filed by the Appellant on record.”

2.

Though, learned counsel for the respondent has strongly opposed the present appeal on the ground that the same is not maintainable, however, if this Court is inclined to allow it heavy cost may be imposed on the appellant.

3.

The appellant, who is personally present through video conferencing, submits that if the present appeal is allowed, he is ready to contribute an amount of Rs. 50,000/- for some welfare purposes.

4.

Accordingly, in view of the statement made by the appellant, the appeal is allowed, subject to deposit of costs of Rs. 50,000/-, whereof, an amount of Rs. 25,000/- shall be deposited with Nirmal Chhaya, Nirmal Chhaya Complex, Jail Road, New Delhi for welfare of destitute women and children, and an amount of Rs. 25,000/- shall be deposited with Blind School, Sewa Kutir, Kingsway Camp, Delhi within one week from today.

5.

The appeal is accordingly disposed of. Pending applications, if any, also stand disposed of.

6.

The written statement filed on behalf of the appellant herein be taken on record by the Trial Court.

7.

The Trial Court shall ensure that the costs be deposited for the aforesaid welfare purposes, as directed by this Court.

8.

We expect the Trial Court to decide the case expeditiously.

9.

Dasti under the signature of Court Master.