Disposed¶21

Anika Bhagat & Anr. v. Amit Bhagat

Delhi HC17 Feb 2026MAT.APP.(F.C.)/250/2025

Case brief

AI extract

What is this about?

Matrimonial appeal; recall of ex parte order dated 06.01.2024; Family Court-02 East Delhi Karkardooma; HAMA No. 07/2022; Anika Bhagat vs Amit Bhagat; appeal under Section 19(1) Family Courts Act with Section 151 CPC; costs Rs. 25,000/- by way of compensation; payment through demand draft; no unnecessary adjournments; expeditious hearing direction; default in appearance; Delhi High Court; decision date 17.02.2026; MAT.APP.(F.C.) 250/2025; CM APPL. 40942/2025; CM APPL. 40943/2025.

What did the court decide?

Appeal and pending applications disposed of without interference with the impugned order; the respondent/husband may continue to contest the case on merits, subject to the Rs. 25,000/- compensation (already paid to the appellant/wife by demand draft) and the directions against unnecessary adjournments. ¶21

Anika Bhagat & Anr. Vs Amit Bhagat — Matrimonial and Divorce | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should interfere with the order dated 08.04.2025 of Family Court-02 (East Delhi), Karkardooma in HAMA No. 07/2022, which recalled the ex parte order dated 06.01.2024 against the respondent/husband and permitted him to contest the case on merits.

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Court's answer

This Court is not inclined to interfere with the impugned order whereby the learned Family Court recalled the order dated 06.01.2024 and permitted the respondent/husband to contest the case on merits.

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Ratio / Principle

Direction that henceforth no unnecessary adjournment shall be granted by the Family Court to either of the parties, and that the learned Family Court shall endeavour to take up the case expeditiously and fix the hearing date as early as possible.

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Key takeaways

Observation made in passing that the manner in which the respondent has pursued the matter is not appreciable.obiter¶15
Contingent direction that in the event the respondent fails to appear in future, the Court shall proceed strictly in accordance with law and take into consideration the orders passed today by this Court.ratio¶20

Detailed headnote1 paragraphs

MAT.APP.(F.C.) 250/2025 (High Court of Delhi; Vivek Chaudhary & Renu Bhatnagar JJ.; 17.02.2026): Appeal under Section 19(1) of the Family Courts Act read with Section 151 CPC challenging the order dated 08.04.2025 of the Judge, Family Court-02 (East Delhi), Karkardooma in HAMA No. 07/2022 (Anika Bhagat & Anr. vs Amit Bhagat), whereby the Family Court recalled its order dated 06.01.2024 proceeding the respondent/husband ex parte and permitted him to contest the case on merits, having imposed Rs. 25,000/- as costs by way of compensation. While observing that the manner in which the respondent pursued the matter was 'not appreciable', the Division Bench declined to interfere with the impugned order. It recorded that the Rs. 25,000/- compensation had been paid to the appellant/wife (present in-person) by demand draft under its orders; directed that henceforth no unnecessary adjournment be granted to either party and that the Family Court take up the case expeditiously; and cautioned that if the respondent failed to appear in future, the court below would proceed strictly in accordance with law keeping today's orders in view. Appeal and pending applications disposed of.

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$~28

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- MAT.APP.(F.C.) 250/2025, CM APPL. 40942/2025 & CM APPL. 40943/2025

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ANIKA BHAGAT & ANR. .....Appellants Through: Mr. Ajay Awasthi, Kunal Singh, Ayush Upadhyay, Advs. versus AMIT BHAGAT .....Respondent Through: Mr. Syed Fazl Askari, Mr. Vaibhav Mishra and Mr. Sameer Jain, Advs.

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CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR

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O R D E R % 17.02.2026

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MAT.APP.(F.C.) 250/2025

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The present appeal has been filed under Section 19(1) of the Family Courts Act read with Section 151 of the Code of Civil Procedure, 1908 challenging the Order dated 08.04.2025 passed by learned Judge, Family Cout-02 (East Delhi), Karkardooma, New Delhi in the matter of HAMA No. 07/2022, titled as “ ANIKA BHAGAT & ANOTHER VS. AMIT BHAGAT ”, whereby the learned Family Court has recalled the Order dated 06.01.2024, vide which the respondent/husband was proceeded ex parte .

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Learned counsel for the appellant submits that the respondent’s conduct was deliberate and intended to delay the proceedings. It is contended that the explanation offered by the respondent for his default did not warrant the indulgence granted by the learned Court, particularly since the application filed by the respondent before the learned family court did not even disclose

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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 24/02/2026 at 12:28:36

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the name of the counsel whose alleged lapse prevented the respondent from entering appearance on the relevant date.

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Per contra, learned counsel for the respondent submits that substantial costs have already been imposed upon the respondent vide impugned order passed by the learned family court for his default, which, according to him, was unintentional.

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It is further submitted that, as both parties are present before the Court, the matter may be permitted to proceed on merits by allowing the respondent/husband to contest the case in accordance with the law. 5. He further undertakes that no unnecessary adjournments will be sought in future and that the respondent will extend full cooperation in the conduct of the proceedings before the court.

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Heard. We have perused the record of the case. At the outset, we observe that the manner in which the respondent has pursued the matter is not appreciable. However, we are not inclined to interfere with the impugned order whereby the learned family Court has recalled the order dated 06.01.2024 and permitted the respondent/husband to the contest the case on merits. The cost of Rs. 25,000/-, as imposed by the learned family court vide Impugned Order by way of compensation, has been paid to the appellant/wife, who is present in-person, through demand draft today, under the Orders of this Court.

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It is further clarified that henceforth no unnecessary adjournment shall be granted by the Family Court to either of the parties. The learned Family Court shall endeavour to take up the case expeditiously and fix the date as early as possible for hearing.

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In the event the respondent fails to appear in future, the Court shall

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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 24/02/2026 at 12:28:36

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proceed strictly in accordance with law and shall also take into consideration the orders passed today by this Court.

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In view of the above, the appeal, along with pending applications, if any, stands disposed of.

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VIVEK CHAUDHARY, J

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RENU BHATNAGAR, J

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FEBRUARY 17, 2026/ rs/ht/KZ

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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 24/02/2026 at 12:28:36

Anika Bhagat & Anr. v. Amit Bhagat

Case brief

What is this about?

What did the court decide?

Anika Bhagat & Anr. v. Amit Bhagat

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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