Appeal and Notice of the Hearing
On May 15, 2024, the High Court of Delhi addressed an appeal against a Family Court ruling from April 26, 2023. The appeal, MAT.APP.(F.C.) 165/2024, involves a dispute between two individuals over several legal issues. The Family Court’s ruling was based on three key applications: one under Section 340 of the Code of Criminal Procedure, 1973 (Cr.PC), one under Section 24 of the Hindu Marriage Act, 1955 (HMA), and another related to bank details and freezing the appellant’s bank account.
Issues Raised in the Appeal
The respondent claimed that the appellant was involved in fabricating documents, specifically pointing to a potentially fake rent agreement related to her business, “Zillion Billion by A2.” The Family Court’s decision to proceed without giving prior notice to the appellant about the applications was a significant point of contention. The appellant’s counsel argued that this lack of notice rendered the directions of the Family Court unsustainable.
Examination of Business and Financial Documents
The Family Court had noted the respondent’s assertion that the rent agreement submitted by the appellant might be fabricated. The appellant’s counsel admitted that the agreement, executed between the appellant and her father, was unregistered and not initially submitted with the appeal. However, during the hearing, a soft copy was provided.
Financial Inquiries and GST Records
The case also involved financial scrutiny. The respondent’s counsel mentioned that a GST officer’s report showed the appellant had paid taxes amounting to Rs. 30 lakhs over three years, indicating significant business activities. The appellant’s counsel added that police inquiries were made, although the results of these inquiries were unclear.
Court’s Interim Order
In light of these issues, the High Court decided to stay further inquiries related to the contested directions of the Family Court’s order. The Principal Judge of the Family Court was instructed to provide the appellant an opportunity to respond to the applications that led to the impugned judgment. The High Court emphasized that its observations should not influence the final decision on the respondent’s applications.
Conclusion
The High Court disposed of the appeal, ensuring that the appellant would be heard properly, and both sides would present their cases fully before any final decision is made. This judgment underscores the importance of procedural fairness and the necessity for both parties to be given a fair opportunity to present their arguments.
