Pramod Dutt @ Yogesh Verma @ Avinash Kumar Vs Tarun… — Matrimonial and Divorce | Delhi HC (2025)

Pramod Dutt @ Yogesh Verma @ Avinash Kumar Vs Tarun… — Matrimonial and Divorce | Delhi HC (2025)

What the court decided

AI extract

Outcome

Order striking off the appellant's defence set aside subject to payment of Rs. 10,000/- cost to the respondent (as already ordered by the Family Court); appellant granted opportunity to contest the case before the Family Court; liberty left to the respondent to file an application for recall since the order passed without notice; appeal and applications disposed of with these directions.

Issue for consideration

Whether the correctness of the four Family Court orders (30.01.2025, 02.05.2025, 11.07.2025 and 17.07.2025), culminating in the striking off of the appellant's defence for failure to pay costs, should be assailed/set aside.

Court's answer

In view of the undertaking given by the appellant (taken on record), the order striking off the appellant's defence is set aside, subject to payment of cost of Rs. 10,000/- to the respondent as already ordered by the Family Court; the appellant shall be granted opportunity to contest the case before the Family Court.

Ratio / Principle

Since the order was passed without issuing notice to the respondent, liberty is granted to the respondent to file an application for recall.

Key takeaways

Invoking the objects and reasons of the Family Court Act, 1984, courts dealing with family matters should avoid rigid rules of procedure and evidence in order to advance the cause of justice (stated in passing in support of the lenient course adopted).obiter¶¶19

Detailed headnote1 paragraphs

MAT.APP.(F.C.) 287/2025 (High Court of Delhi, Anil Kshetarpal & Harish Vaidyanathan Shankar, JJ., order dated 12.08.2025): The appellant-husband appealed against four introductory Family Court orders (30.01.2025, 02.05.2025, 11.07.2025, 17.07.2025) arising out of Divorce Petition HMA No. 481/2022 (Tarun Verma v. Pramod Kumar Dutt) pending before the Principal Judge, Family Court, North Rohini Court, Delhi; by the last order his defence was struck off for failure to pay costs, the Family Court having concluded that he was repeatedly filing applications to delay the petition (an earlier application had been dismissed with Rs. 5,000/- cost and the waiver application with a further Rs. 5,000/- cost). The appellant submitted an affidavit/undertaking, taken on record, that he would not resort to delay tactics or adjournments nor file delaying applications. Citing the objects and reasons of the Family Court Act, 1984 (courts should avoid rigid rules of procedure and evidence), the Court set aside the defence-strike-off order subject to payment of Rs. 10,000/- cost to the respondent as already ordered by the Family Court, restored the appellant's opportunity to contest the case, and - as the decision was reached without notice to the respondent - expressly left her at liberty to seek recall. Appeal and applications were disposed of with these directions.

$~58

IN THE HIGH COURT OF DELHI AT NEW DELHI

MAT.APP.(F.C.) 287/2025, CM APPL. 49017/2025, CM APPL. 49018/2025 and CM APPL. 49019/2025

PRAMOD DUTT @ YOGESH VERMA @ AVINASH KUMAR .....Appellant Through: Mr. Neeraj Kumar Shah, Adv.

versus

TARUN VERMA .....Respondent Through: Nemo.

CORAM:

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

O R D E R % 12.08.2025

The proceedings before the Family Court are pending in a Divorce Petition filed by the Respondent (wife of the Appellant).

The Appellant assails the correctness of four introductory orders passed by the Family Court on 30.01.2025, 02.05.2025, 11.07.2025 and 17.07.2025. By the last order, the defence of the Appellant was struck off for failure to pay costs. The Family Court came to conclusion that the Appellant is indulging in filing multiple applications in order to delay the decision of the Divorce Petition. In fact on 30.01.2025, application filed by the Appellant was dismissed with cost of Rs. 5,000/- Thereafter, the Appellant filed an application for waiver of the costs, which was also dismissed with an additional cost of Rs. 5,000/-.

The Appellant has filed an affidavit/undertaking as under and the same is taken on record today in the Court:-

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 19/08/2025 at 13:41:59

“ 2. That in compliance of order dated 11.08.2025, the Appellant filed the present affidavit thereby undertake that the Appellant will not delay tactics/adjournment in the divorce proceedings pending before the Hon’ble Court of Sh. Pankaj Gupta, Principal Judge, Family Court, North Rohini Court, Delhi in HMA No. 481/2022, titled as Tarun Verma V/s Pramod Kumar Dutt@ Yogesh and same is now fixed for 09.10.2025.

3. That the Appellant undertake that he will not take any adjournment from the aforesaid Hon’ble Court at any point of time.

4. That the Appellant undertakes that he will not file any application for delay the proceedings in the aforesaid case unless and until the aforesaid Hon’ble Court give directions for the same.

5. That the Appellant undertake to abide any terms and conditions, if any, impose by this Hon’ble Court.”

As per the objects and reasons of the Family Court Act, 1984, the Court should avoid rigid rules of procedure and evidence in order to advance the cause of justice.

In view of undertaking given by the Appellant, the order striking off Appellant’s defence is set aside, subject to payment of cost of Rs. 10,000/- to the Respondent, as already ordered by the Family Court. The Appellant shall be granted opportunity to contest the case before the Family Court.

Since this order has been passed without issuing notice to the Respondent, hence, liberty is granted to the Respondent to file application for recall.

The Appeal and applications, if any, are accordingly disposed of with the aforegoing directions.

ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J. AUGUST 12, 2025 /sp/rgk

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 19/08/2025 at 13:41:59