High Court dismissed an appeal under Section 19 of the Family Courts Act challenging a maintenance decree. The Court held that Appellants raised new defences for the first time, which should have been pleaded before the Family Court, and refused to examine the matter as a Court of first instance.
Appeal dismissed; matter disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
AMBIKA & ANR. .....Appellants
Through: Mr. Anuj Yadav, Advocate.
versus
CHAMPA & ORS. .....Respondents Through: Mr. IJS Mehra and Ms. Preeti, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
O R D E R
% 14.11.2025
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 19/11/2025 at 12:41:53
1MACT
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 19/11/2025 at 12:41:53
19082 , the learned counsel for the Appellants submits that his application under Order IX Rule 7 CPC has already been dismissed.
ANIL KSHETARPAL, J .
HARISH VAIDYANATHAN SHANKAR, J . NOVEMBER 14, 2025 /rk/va
2CPC
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 19/11/2025 at 12:41:53
3 issues framed by the court
Whether the Appellants can raise new defences regarding liability under Section 19 of the Hindu Adoption and Maintenance Act and lack of coparcenary property for the first time in appeal.
Whether the Appellate Court can examine matters as a Court of first instance when they were raised tardily in the appeal.
Whether the appeal should be allowed given the failure to plead specific defences before the Family Court.
4 provisions across 3 enactments
Ambika & Anr.
Champa & Ors.
Anil Kshetarpal
Harish Vaidyanathan Shankar
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
