The Single Judge Bench of Pratibha M Singh of Delhi High Court in a petition moved to obtain a certified order granting first motion of divorce u/s 13B(2) of the Hindu Marriage Act,1955 has recently directed the Family Court, Rohini to summon the records of the case by tomorrow ie March 25,2021 by a special messenger, either in an electronic or in a physical form.
“The worthy Registrar General of this court is requested to call for the records of this case titled Ms. Kavita Malik v. Amit Malik from the Family Courts, North District, Rohini Courts, urgently as the ld. Counsel for the Petitioner submits that although the second motion has been moved, the same is not reaching a conclusion as a certified copy of the order of the first motion has not been received yet.”, the Bench directed.
In the present matter, the petitioner on March 17,2020 filed for divorce on the ground of mutual consent in the family Court of Rohini which was listed for 18th March but was put on hold due to CoVID19. On July 20,2020, the Family Court through video conferencing allowed the first motion. The petitioner on November 17,2020 filed the second motion along with an application for waiver of the statutory six month waiting period under the Hindu Marriage Act,1955 as per the judgement of the Hon’ble Supreme Court in Amardeep Singh v. Harveen Kaur (CA No 11158 of 2017) along with all the required documents. The petition for grant of second motion was listed on 21.11.2020, 05.12.2020, 21.01.2021, 27.02.2021 but was always adjourned for one reason or the other. On 10.03.2021, the Hon’ble Court did not allow the second motion on the ground that the petitioner did not file the certified copy of the order of the first motion of mutual divorce consent. Although the petitioner applied for certified copy & also enquired about the same on 16.03.2021 but the ahlmad of the Family Court Rohini refused to provide the certified copy of the order on the ground that the same was not signed by the predecessor Court.
Since the next date of hearing for grant of second motion is April 13,2021, the petitioner approached this Court praying for issuance of direction to the Hon’ble Predecessor Family Court, Rohini to sign the first motion divorce petition order dated 20.07.2020 or to the Hon’ble Presiding Family Court to sign the order dated 20.07.2020.
The petitioner further prayed for directing the certified agency of the Family Court Rohini to handover the signed certified copy of the order dated 20.07.2020 & direct the Family Court to proceed with the second motion Mutual Consent Divorce petition as per Section 13B(2) of the Hindu Marriage Act,1955.
The petitioner’s counsel Adv Juhi Arora submitted that the petitioner has tried & exhausted all the remedies of obtaining the certified order of the copies but despite mentioning the same to the Presiding Officer & further repeated attempts the petitioner was not successful in obtaining the same.
The petitioner has already been a victim of failed marriage & the impugned act of the system violates the fundamental right of the petitioner as enshrined in Art 21 of the Constitution of India.”, the petitioner’s Counsel further submitted.
The Bench in this matter has directed for summoning of the entire records of the case by March 25,2021 and has listed the matter for March 26,2021.
Case Title: Ms. Kavita Malik V. State Of NCT Of Delhi
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