Allowed

Kanika Kandhari v. Rishi Kandhari

Delhi HC27 Nov 2025MAT.APP.(F.C.)/189/2019

Case brief

AI extract

What is this about?

The High Court allowed appeals against a Family Court order. It set aside the order dismissing the Section 9 Petition without trial and quashed the Section 24 order for failing to quantify maintenance. The Section 9 Petition was restored and remanded for hearing with opportunity to lead evidence.

What did the court decide?

Impugned orders set aside. Section 24 application remanded for fresh determination. Section 9 Petition restored to original number for trial with opportunity to lead evidence.

Kanika Kandhari Vs Rishi Kandhari — Maintenance and Alimony | Delhi HC (2025)

¶1

$~55 and 56

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

Date of Decision: 27.11.2025

¶4

- MAT.APP.(F.C.) 189/2019, CM APPL. 32240/2019 and CM APPL. 63954/2025

¶5

KANIKA KANDHARI .....Appellant Through: Mr. Rajat Aneja, Mr. Anant Chaitanya Dutta, Ms. Anamika Bag Adv along with the Appellant in-person.

¶6

versus

¶7

RISHI KANDHARI .....Respondent Through: Mr. Ganesh Kumar Sharma and Mr. Siddharth Singh, Advs.

¶8

- MAT.APP.(F.C.) 287/2019, CM APPL. 1657/2021, CM APPL. 13104/2022 and CM APPL. 47487/2022 KANIKA KANDHARI .....Appellant Through: Mr. Rajat Aneja, Mr. Anant Chaitanya Dutta, Ms. Anamika Bag Adv along with the Appellant in-person.

¶9

versus

¶10

RISHI KANDHARI .....Respondent Through: Mr. Ganesh Kumar Sharma and Mr. Siddharth Singh, Advs.

¶11

CORAM:

¶12

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

¶13

J U D G M E N T (ORAL)

¶14

ANIL KSHETARPAL, J.

¶15

Through the present Appeals, the Appellant impugns the correctness of two separate orders passed by the learned Principal

¶16

Signature Not Verified

¶17

Signed By:JAI NARAYAN Signing Da te:2 7.11.2025 MAT.APP.(F.C.) 189/2019 & connected matter Page 1 of 4 18:24:00

¶18

Judge (East), Family Courts, Karkardooma, Delhi in HMA No. 1461/2018.

¶19

Through MAT.APP.(F.C.) 189/2019, the Appellant assails the correctness of an order dated 28.03.2019, wherein an application filed by her under Section 24 of the Hindu Marriage Act, 1955 [hereinafter referred to as ‘HMA’] was disposed of.

¶20

While deciding the aforesaid application, the Family Court directed the Respondent to bear the school fee and other school related expenses of the minor child. In addition to this, the Respondent was also directed to pay basic utilities charges, LIC premiums and EMI of the loan pertaining to the alleged jointly owned property. However, the Family Court has failed to quantify the maintenance amount in terms of money.

¶21

Through MAT.APP.(F.C.) 287/2019, the Appellant assails the correctness of an order dated 09.09.2019, wherein the Petition for Restitution of Conjugal Rights filed by her under Section 9 of the HMA was dismissed.

¶22

While dismissing the aforesaid Petition, the Family Court proceeded to record findings of the fact without granting opportunity to the parties to lead their evidence. In fact, it is surprising that the Family Court adopted this novel procedure which is not known to law. 6. Learned counsel representing the Respondent submits that on account of paralysis, the Respondent is unable to move and he will be required to produce medical record, hence, no trial of the Petition under Section 9 of the HMA is necessary. 7. This Court has considered the submissions of the learned counsel representing the parties and with their able assistance perused

¶23

Signature Not Verified

¶24

Signed By:JAI NARAYAN Signing Da te:2 7.11.2025 MAT.APP.(F.C.) 189/2019 & connected matter Page 2 of 4 18:24:00

¶25

the paper book.

¶26

As per the procedure prescribed, once issues are framed, the parties are required to be given adequate opportunity(ies) to prove their respective case. Such procedure is well established and even the Family Court Act, 1984 does not make any exception thereto. Moreover, before recording findings of fact, if opportunity to lead evidence is not given, it results in condemning someone without giving proper opportunity, which is antithetical to the principles of natural justice.

¶27

Similarly, while deciding application under Section 24 of the HMA, the Court is required to quantify the amount awarded. During the pendency of the present Appeals, Income Tax Returns (ITRs) of the Respondent and his father have also been placed on record.

¶28

Keeping in view the aforesaid discussion, the present Appeals are allowed. The Impugned Orders dated 28.03.2019 and 09.09.2019 are hereby set aside. The Petition under Section 9 of the HMA is restored to its original number.

¶29

The parties, through their respective counsel, are directed to appear before the Family Court on 05.12.2025. 12. The Family Court is directed to decide the application under Section 24 of the HMA afresh, after taking into consideration the material which has been produced before both this Court and the Family Court or which may be produced before deciding the application.

¶30

With respect to the Petition filed under Section 9 of the HMA, the Court is also directed to permit the parties to lead oral as well as documentary evidence before the proceeding to analyse the same and

¶31

Signature Not Verified

¶32

Signed By:JAI NARAYAN Signing Da te:2 7.11.2025 MAT.APP.(F.C.) 189/2019 & connected matter Page 3 of 4 18:24:00

¶33

decide.

¶34

In the meantime, the Respondent shall continue to pay expenses on an adhoc basis @ Rs.50,000/- per month, as directed by the Coordinate Bench of this Court vide order dated 12.07.2024, till the application under Section 24 of the HMA is decided by the Family Court.

¶35

The present Appeals, along with the pending applications, stands disposed of.

¶36

A photocopy of the order passed today be kept in the connected matter.

¶37

ANIL KSHETARPAL, J.

¶38

HARISH VAIDYANATHAN SHANKAR, J.

¶39

NOVEMBER 27, 2025 s.godara/dev

¶40

Signature Not Verified

¶41

Signed By:JAI NARAYAN Signing Da te:2 7.11.2025 MAT.APP.(F.C.) 189/2019 & connected matter Page 4 of 4 18:24:00

Kanika Kandhari v. Rishi Kandhari

Case brief

What is this about?

What did the court decide?

Kanika Kandhari v. Rishi Kandhari

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shraddha Gupta Vs Sumit Jain

Surabhi Padhy Vs Biswaranjan Padhy

Arushi Krishna Dasgupta Vs Gourov Dasgupta

Ravi Rajpurohit Vs Rekha Purohit

Shri Abhishek Kumar Jha Vs Smt. Pooja Jha

Nitesh Duseja Vs Chandani

Komita Singh Vs Saurabh Malik

Smt. Payal Vs Sh. Manoj Kumar

Shraddha Gupta Vs Sumit Jain

Mrs. Madhu Verma & Anr. Vs Mr Vinod Rajoria & Ors.

Surabhi Padhy Vs Biswaranjan Padhy

Kamal Kalra & Anr. Vs Union of India & Ors.

M/S Fire Immune Systems Vs M/S Elesco Traders Pvt. Ltd.

Kamal Kant Jain Vs Sushma Jain & Ors.