IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPLN. NO. ____ OF 20__.

IN

MAT. APP. (FC) NO.___ OF 20__.

IN THE MATTER OF:-

XXXX XXXXXX                                                 PETITIONER

VERSUS

XXXXX XXXXX                                               RESPONDENT    

                                      D.O.D.: _____-___

APPLICATION ON BEHALF OF APPLICANT / RESPONDENT UNDER ORDER 114 R/W ORDER 47 RULE 1 OF CPC FOR REVIEW / RECALL OF THE ORDER DATED _______ PASSED BY THIS HON’BLE COURT.

MOST RESPECTFULLY SHOWETH:-

1.                 That the applicant / respondent prefer the present application seeking review / recall of order dated _________ passed by this Hon’ble Court whereby allow the appeal and set aside the order dated ___________ passed by the Ld. Family Court.

2.                 The review in the present case has been necessitated on account of this Hon’ble Court denying proper and effective hearing and ignored the law laid down by the Apex Court on various aspects of the case submitted to Your Honour. This by itself is a sufficient reason to invoke the power of review of this Hon’ble Court. Even otherwise the impugned order suffers from various mistakes and errors which are apparent on the face of the record and permitting this order to stand will lead to failure of justice.

3.                 That it is basic principle of natural justice that a person who is going to be adversely affected by an order must be heard before such an order is passed against him. Without any notice to the respondent this Hon’ble Court passed the order against her only hearing from one side. The Hon’ble Court is thus requested to correct gross and palpable error committed by this Hon’ble Court to prevent miscarriage of justice by permitting review of the order.

4.                 That it is submitted that on _________ Ld. Family Court was pleased to direct the petitioner to pay Rs.20,000/- per month to the respondent towards maintenance till further orders. Thereafter, the petitioner challenged the said order on the false and frivolous grounds and filed the present MAT Appeal.

5.                 That on XX.08.2018 this Hon’ble Court allowed to MAT appeal filed by the petitioner and set aside the order dated ____________ on the fact that none had appeared on behalf of the parties before the Ld. Family Court. A bare perusal of the order passed by this Hon’ble Court which read as under;-

“We have heard learned counsel for the appellant. Taking into account the fact that none had appeared on behalf of the parties before the Family Court, we are of the considered view that counsel for both parties should be heard before a final order is passed. Till the application is heard and decided, the appellant shall pay Rs.10,000/- per month to the respondent. This order is passed without prejudice to the right and contentions of both the parties. We are disposing of the matter without issuing notice to the respondent as even before the Family Court, the respondent was not present in person or represented through a counsel. Accordingly, order dated XX.04.2018 passed by the Family Court is set aside. The appeal and CM APPL XX/XXX(stay) stand disposed of.

The Family Court shall decide the application unaffected by any observations made by us in the order passed today.”

6.                 It is revealed from the said order that the petitioner never appear before this Hon’ble Court and nor arguments have been heard by the Ld. Family Court on the said application.

7.                 It is submitted that the petitioner getting the said order by playing fraud and suppressing and concealing the fact that he had appeared before the Ld. Family Court with his counsel and arguments on application under Section 24 of HMA have been heard from both sides and the matter has been fixed for orders on XX.04.2018, the same is evident from the order sheet dated XX.01.2018, for kind perusal of this Hon’ble Court the respondent reproduce the said order dated XX.01.2018 which reads as under:-

                             “XX.01.2018

                             Pr:     Sh.-________, Advocate for petitioner

                             Respondent with Sh.__________, Advocate

Replication filed. Copy given.

Arguments heard on the application u/s 24 HMA.

New DD of Rs.11,000/- is deposited by the petitioner in court. The same can be collected by the respondent form the record after deposit of the earlier expired DD or its return to the counsel for petitioner.

Put up this matter on XX.04.2018 for order s on the application.”

8.       It is further submitted that the concealing the fact with a view to getting the order in his favour before this Hon’ble Court, the petitioner did not file the complete chain of previous ordersheets, wherein clearly shows the appearances of the petitioner and his counsel and specifically mentioned in the said order dated 30.01.2018 that the arguments heard on the application. This is shows the conduct of the petitioner and play fraud before this Hon’ble Court. The respondent serves her right to file a separate action against the petitioner in this regard.

9.       In view of the fact the appeal of the petitioner is not maintainable and the order passed by the Ld. Family Court after hearing of arguments of both the parties and considered the fact of the case. Hence, the order passed by Ld. Family Court is not illegal and irregular.

10.     That the orders passed by various courts in the litigations between the parties and same are pending between the petitioner and respondent.

11.     That it is most humbly submitted that petitioner is liable to pay arrears of the maintenance as well as maintenance for the period from the date of filing of the application under Section 24 of H.M. Act till the date of the order which passed by this Hon’ble Court in view of the aforesaid facts and circumstances.

12.     In view of the aforesaid facts and circumstances, this Hon’ble Court may please review the order dated 24.08.2018 and dismissed the appeal of the petitioner on the ground that the petitioner obtaining the said order on false statement and playing fraud before this Hon’ble Court which is illegal and this conduct cannot be appreciated at all by this Hon’ble Court.

13.     That the respondent is seeking the review for the sake of justice as justice is the highest priority of this Hon’ble Court and the order in the present form will result in serious injustice to the respondent.

14.     That this Hon’ble Court is the paramount of justice and has been given a special power of review and this power is exclusive. Respondent has nowhere else to go except to knock the doors of this Hon’ble Court in the form of review.

15.     That the respondent has not challenged the impugned order before any other court.

PRAYER:-

Under the circumstances aforementioned in this application, this respondent most humbly prays that this Hon’ble Court may be graciously pleased to allow present application and review the order dated 24.08.2018 passed by this Hon’ble Court and dismissed the appeal of the petitioner with heavy costs in favour of the respondent;

Pass such other order or orders as this Hon’ble Court may deem fit and proper interest he interest of justice.

DELHI                                                                          RESPONDENT

THROUGH

DATED

XXXXXXXXX

ADVOCATES

___________________,

New Delhi-1100__.