Petitioner withdrew a petition under Article 226/151 CPC challenging maintainability, appeal order, and cross-examination issues in CS 12/2019. Court granted leave, liberty, and dismissed petition.
Leave and liberty granted; petition dismissed as withdrawn; rights and contentions left open.
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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DR TARIQ JALALY .....Petitioner
Through: Ms. Shobha Gupta, Mr. Manasvi Negi, Ms. Akshita Mishra and Ms. Simranjeet Kaur, Advocates.
versus
DR.TABASSUM BANO .....Respondent Through: None.
CORAM: HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R % 13.04.2026 1. This hearing has been done through hybrid mode.
read with Section 151 of the CPC seeks the following prayers:
“a. direct the learned family court to hear and decide the issue of maintainability of the suit already argued by both parties on 15.04.2025, on the ground of limitation, before proceeding further with the evidence.
b. if the order of maintainability would pass otherwise, then, set aside the order dated 19.()9.2025 passed by the learned principal judge, family court (south east), Delhi in cs no. 12/2019, where the Appellant's right to cross-examine the respondent was closed. c. direct the learned family court to provide a reasonable opportunity to the Appellant Lo cross-examine the respondent. d stay all further proceedings in cs no. 12/2019 titled "Dr. Tabassum Bano vs. Dr. Tariq Jalaly" pending before the learned principal judge, family court (south east), Delhi during the pendency of the present petition.
e. pass any other order(s) which this hon'ble court may deem fit .and proper in the facts and circumstances of the case.”
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 16/04/2026 at 12:18:24
AMIT SHARMA, J
APRIL 13, 2026/bsr/sg
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 16/04/2026 at 12:18:24
2 provisions across 2 enactments
Dr Tariq Jalaly
Dr. Tabassum Bano
Amit Sharma
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
