An appeal against the Family Court permission to amend a divorce petition from cruelty to desertion. The High Court allowed the appeal, set aside the amendment order, and granted liberty to file a fresh petition on desertion.
Appeal allowed; impugned order set aside; liberty granted to file fresh petition on desertion; issue framing directed.
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$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 173/2024 & CM APPL. 30691-30692/2024
DEEPIKA SINGH .....Appellant Through: Mr Akil Rataeeya with Mr Aroma Rataeeya and Mr Harsh Gulia, Advocates.
versus
SANDEEP YADAV .....Respondent Through: Mr Vishal Gera and Ms Yashmin, Advocates.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. : (ORAL)
Signature Not Verified
Digitally Signed By:DINESH KUMAR MAT.APP.(F.C.) 173/2024 Signing Da te:0 9.07.2024 22:02:08
Page 1 of 3
Furthermore, the respondent/husband, in the unamended petition has made, even according to the counsel for the respondent/husband, an assertion that the appellant/wife, along with their child, left the matrimonial home on 06.07.2017.
Signature Not Verified
Digitally Signed By:DINESH KUMAR MAT.APP.(F.C.) 173/2024 Signing Da te:0 9.07.2024 22:02:08
Page 2 of 3
10.1. If such a petition is filed, the concerned Family Court Judge will decide the same, albeit , in accordance with the law.
RAJIV SHAKDHER, J
AMIT BANSAL, J
JULY 8, 2024 rt
Signature Not Verified
Digitally Signed By:DINESH KUMAR MAT.APP.(F.C.) 173/2024 Signing Da te:0 9.07.2024 22:02:08
Page 3 of 3
2 issues framed by the court
Whether the Family Court could allow amendment to a divorce petition changing the ground from cruelty to desertion given insufficient period of desertion.
Whether the respondent should be permitted to file a fresh petition on grounds of desertion after the appeal is allowed.
2 provisions across 2 enactments
DEEPIKA SINGH
SANDEEP YADAV
RAJIV SHAKDHER
AMIT BANSAL
As recorded by the court registry
An appeal under Section 19 of the Family Courts Act 1984 against a decree or order of a Family Court.
Judgements on the same questions, provisions and authorities, from every court
