Srijita Chakraborty
The Delhi High Court on 24th March 2021 received an unusual prayer under section 13B(2) of the Hindu Marriage Act, 1955 with respect to a Divorce by mutual consent case wherein the petitioner i.e Kavita Malik approached the Hon’ble High Court through her advocate, Juhi Arora seeking the release of a certified copy of the order passed by the Principal Judge, Family Courts of Rohini.
When the petitioner filed for the second motion it wasn’t allowed on the grounds that the certified copy of the First Order of the First motion wasn’t filed. When the petitioner inquired with the court about the same, she was informed that the order was not signed by the predecessor court. However, despite repeated attempts the certified copy of the order that was passed by the Principal Judge, has not been issued to the Petitioner.
This has led the Petitioner to run from pillar to post to get a mutual consent divorce since March 2020 and it’s been more than a year that the petitioner is struggling to get justice.
The Single Judge Bench of the Hon’ble High Court therefore ordered the Registrar General of Delhi High Court to call for records of the particular case urgently from the Family Court of Rohini and directed the Family Court of Rohini to summon the case by tomorrow.