Litigant Moves Delhi High Court Complaining Of Non-Release Of Certified Copy Of Order By Family Court; HC Calls For Records

LIVELAW NEWS NETWORK

25 March 2021 9:50 AM GMT

  • Litigant Moves Delhi High Court Complaining Of Non-Release Of Certified Copy Of Order By Family Court; HC Calls For Records

    The Delhi High Court on Wednesday summoned the records of a matrimonial case from the Rohini Family Court, after a litigant filed a writ petition complaining of the non-release of the certified copy of an order passed in July 2020.A single bench of Justice Prathiba M Singh, terming the prayer of the petitioner "unusual", asked the Registrar General of the HC to call for the records of the...

    The Delhi High Court on Wednesday summoned the records of a matrimonial case from the Rohini Family Court, after a litigant filed a writ petition complaining of the non-release of the certified copy of an order passed in July 2020.

    A single bench of Justice Prathiba M Singh, terming the prayer of the petitioner "unusual", asked the Registrar General of the HC to call for the records of the case from the Family Court in physical or electronic form within a day.

    Advocate Juhi Arora, the petitioner's counsel, told the Court that the petitioner had filed an application for divorce by mutual consent. On July 20, 202, the Family Court passed an order allowing the first motion. However, despite repeated attempts, the certified copy of the order that has been passed by the Principal Judge, has not been issued to the Petitioner. Further, Counsel for the Petitioner is stated to have been informed that the order passed on 20thJuly, 2020 was not signed by the Presiding Office and hence the same is not being released.

    Since the certified copy of the first motion is not received, the petitioner said that she is unable to move the second motion.

    "Let the entire records of the said case be summoned by tomorrow, by a special messenger, either in an electronic or in a physical form. Ld. counsel for the Respondent shall also seek instructions in this regard", ordered the High Court.

    The matter will be considered next tomorrow.

    Click here to read/download the order






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