ADITI CHAUHAN Vs. RAJANI CHAUHAN

JUDGEMENT

(1.) Notice issued to the respondent no.2 received back with the report "Premises found locked". By an order dated 16.04.2019, this court ordered for issuance of the notice to the respondent no.2 by publication in two newspapers i.e. (i) The Hindustan Times (English daily), and (ii) "Hindustan (Hindi). The respondent no.2 was served by publication in both these newspapers on 27.04.2019 at the address i.e. Flat No.115, Jaina Apartment, Sector-14, Rohini, Delhi. This address was also furnished in the court on 24.04.2019. On 20.05.2019, this court ordered that an attempt be made to serve the respondent no.2 again personally at the given address. However, notice issued to the respondent no.2 at the address i.e. Flat No.115, Jaina Apartment, Sector-14, Rohini, Delhi received back with the report "premises found locked". Hence, the respondent no.2 is served who has not turned up despite service.

(2.) The impugned order dated 22.03.2019 passed by the court of learned Principal Judge (North-West), Family Courts, Rohini, Delhi ("Principal Judge"), dismissing the application of the petitioners under Sec. 151 of the Code of Civil Procedure, 1908 ("CPC") filed in HMA No. 1057/2002, is the subject matter of challenge in this petition filed under Art. 227 of the Constitution of India.

(3.) Brief facts of the case are that the marriage of the respondent no.1 with the respondent no.2 was solemnized as per Hindu rites and ceremonies on 24.11.1986 in Delhi. Out of the said wedlock, two daughters namely (1) Aditi Chauhan and (2) Asmita Chauhan were born on 15.03.1988 and 24.07.1992 respectively. Due to some temperamental differences between the respondent no.1 and 2, they started residing separately since 18.02.2001 and despite several attempts they could not reconcile. As a result, on filing of a joint petition under Sec. 13 (B) (1) and 13 (B) (2) of Hindu Marriage Act, 1955, a decree of divorce was passed by the court of learned Additional District Judge, Delhi on 10.01.2003 in HMA Petition No.1057/2002. At the time of decree of divorce, the respondent no.1 and 2 had agreed that the Flat No.7-C, Baba Banda Bahadur Apartments, Sector-14, Rohini, Delhi shall be owned by their two daughters namely (1) Aditi Chauhan and (2) Asmita Chauhan. It was also agreed between them that the said flat shall not be sold by their daughters without their consent. By settlement the respondent no.1 was given the right to live in the said flat. It is noticed a Conveyance Deed in respect of the said flat was executed by the DDA on 25.10.2017 in favour of both the petitioners, who are the daughters of the respondents. It was duly registered on the same day with the Sub-Registrar-VII, Delhi at Vasika No.13008.