Mr. Ankur Chhibber Mr. Nikunj Arora, Ad v. KHAMESH
Case at a glance
Outcome
Withdrawn
Accordingly, the present Appeal along with pending application(s), if any, is dismissed as withdrawn
Provisions considered
- Family Courts Act, 1984 s. 19(1)
- Hindu Marriage Act, 1955 s. 28
- Code of Civil Procedure, 1908 O. IX r. 7
Key paragraphs
- Para 44. Accordingly, the present Appeal along with pending application(s), if any, is dismissed as withdrawn. ANIL KSHETARPAL, J. HARISH VAIDYANATHAN SHANKAR, J. DECEMBER 22, 2025/v/kr/dj
Judgment
Cause title
IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 435/2025, CM APPL. 81458/2025 (Stay), CM APPL. 81459/2025 (Ex. from filing the complete TCR), CM APPL. 81460/2025 (Ex. from filing certified copies of the annexure A-1 to A-18 & A-20) & CM APPL. 81461/2025 (Ex.) ROSHANI .....Appellant Through:
Mr. Ankur Chhibber & Mr. Nikunj Arora, Advs.
versus
KHAMESH .....Respondent Through:
Mr. Rajat Jain, Adv.
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
O R D E R
% 22.12.2025
The present appeal has been filed on behalf of the Appellant under Section 19(1) of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 against the Orders dated 02.10.2025 and 01.05.2025 passed by the learned Family Judge, Family Court, South West, Dwarka in HMA No. 157/2019 titled Khamesh v. Roshani.
After addressing arguments for some time, and upon the learned counsel for the Appellant realising that an Application under Order IX Rule 7 of the Code of Civil Procedure, 1908 is required to be filed for setting aside the ex-parte proceedings, the learned counsel, seeks leave of this Court to withdraw the present Appeal with liberty to file an This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/12/2025 at 12:28:34 appropriate application before the learned Family Court.
Liberty is granted.
Operative part
Accordingly, the present Appeal along with pending application(s), if any, is dismissed as withdrawn. ANIL KSHETARPAL, J. HARISH VAIDYANATHAN SHANKAR, J. DECEMBER 22, 2025/v/kr/dj
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the present Appeal along with pending application(s), if any, is dismissed as withdrawn
Which statutory provisions did this judgment involve?
Family Courts Act, 1984 — s. 19(1); Hindu Marriage Act, 1955 — s. 28; Code of Civil Procedure, 1908 — O. IX r. 7.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.