Allowed

Sunil v. Sharda & Anr.

Delhi HC2 Sept 2026CM(M)/1930/2026

Case brief

AI extract

What is this about?

This Court, in special leave under Article 227, set aside the Family Court's order dismissing the petitioner's application for recall of closure of evidence. It allowed the petitioner one final opportunity to place salary slips on record and lead evidence, conditioned upon payment of Rs. 15,000 costs to the respondents and a strict undertaking against future delays.

What did the court decide?

Petitioner permitted to place salary slips on record and lead evidence; impugned order set aside.

Sunil Vs Sharda & Anr. — Maintenance and Alimony | Delhi HC (2026)

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010412592026

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- CM(M) 1930/2026, CM APPL. 59199/2026 (Stay) &CM APPL. 59200/2026 (Ex. From filing certified copy of annexure B)

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SUNIL .....Petitioner Through: Mr. Garusharan Singh, Mr. Ujjawal Tripathi and Mr. Ojas, Advocates.

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versus

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SHARDA & ANR. .....Respondents Through: Mr. Shamindra Singh Kadian, Mr. Shivam Ukalaniya and Mr. Himanshu Tyagi, Advocates.

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CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

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O R D E R

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% 02.09.2026

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The present Petition has been filed under Article 227 of the Constitution of India, 1950, challenging the Order dated 16.07.2026 passed by the learned Judge, Family Court-01, West District, Tis Hazari Courts, Delhi in Maintenance Case bearing No. 81/2017, titled “Sharda & Ors. v. Sunil” , whereby the application filed by the Petitioner seeking recall of the Order dated 14.10.2025, by which the Petitioner’s evidence was closed, came to be dismissed.

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This Court notes that, consequent upon the closure of the Petitioner’s evidence, the Salary Slips sought to be relied upon by the Petitioner could not be taken on record and the examination in relation thereto could not be undertaken.

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Learned counsel appearing on behalf of the Petitioner submits

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This is a digitally signed order.

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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 05/09/2026 at 11:15:09

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that one final opportunity may be granted to the Petitioner to bring on record the Salary Slips and lead evidence in that regard, subject to such terms and costs as may be deemed appropriate by this Court.

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Learned counsel appearing on behalf of the Respondents, while submitting that the Petitioner has been seeking to delay the proceedings, states that no objection would be raised to the introduction of the salary slips and grant of one final opportunity to lead evidence, provided appropriate costs are imposed and the Petitioner undertakes to ensure that no further delay is occasioned in the matter.

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Having regard to the submissions made by the parties, this Court is of the view that, in the interest of justice, the Petitioner deserves to be afforded an opportunity to bring the Salary Slips on record and lead and conclude his evidence.

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Accordingly, the Impugned Order is set aside and the Petitioner is permitted to place the aforesaid salary slips on record and lead evidence in respect thereof. It is, however, made clear that the aforesaid permission is being granted as a matter of last indulgence and shall be subject to the Petitioner paying costs of Rs. 15,000/- to the Respondents.

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The Petitioner undertakes to pay the said costs within a period of one (01) week from today and further undertakes not to seek any adjournment for the purpose of leading evidence.

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The present Petition, along with pending Application(s), if any, stands disposed of in the aforesaid terms.

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HARISH VAIDYANATHAN SHANKAR, J. SEPTEMBER 02, 2026/tk/ma

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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 05/09/2026 at 11:15:09

Sunil v. Sharda & Anr.

Case brief

What is this about?

What did the court decide?

Sunil v. Sharda & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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