Dr. Hetal Gamit Vs Kuldeep Singh — Matrimonial and Divorce | Delhi HC (2026)

Dr. Hetal Gamit Vs Kuldeep Singh — Matrimonial and Divorce | Delhi HC (2026)

What the court decided

AI extract

Outcome

Appeal disposed of with the parties' consent by modifying the Family Court's order: appellant/wife directed to maintain status quo on possession and ownership of the property in dispute and restrained from transferring it or creating third-party interests (including by lease deed); observations in the impugned order declared non-binding on either party in further proceedings; pending applications, if any, stand disposed of.

Issue for consideration

Whether the Family Court's order dated 31.01.2026 (dismissing the Order VII Rule 11 CPC application and allowing the Order XXXIX Rules 1 & 2 application) should be modified to preserve the position regarding possession and ownership of the property in dispute while the matter proceeds.

Court's answer

With the consent of the parties, the order of the learned Family Court is modified: the appellant/wife shall not hand over possession nor transfer or create any third party interest in the property in dispute in any manner, including by way of a lease deed, and shall maintain status quo with regard to possession and ownership of the property in dispute.

Ratio / Principle

Any observation made in the impugned order shall not come in the way of any of the parties in any further proceedings or further hearing of the matter.

Key takeaways

The Court expressed the hope that the learned Family Court shall proceed and decide the matter expeditiously.obiter¶¶15

Detailed headnote1 paragraphs

Delhi High Court (Vivek Chaudhary and Renu Bhatnagar, JJ.), by order dated 12.03.2026, disposed of MAT.APP.(F.C.) 41/2026, an appeal under Section 19 of the Family Courts Act, 1984 filed by Dr. Hetal Gamit (wife) against the order dated 31.01.2026 of Family Court-01, Shahdara, Karkardooma Courts, Delhi, which had dismissed her application under Order VII Rule 11 CPC and allowed the application under Order XXXIX Rules 1 and 2. With the consent of the parties, the Family Court's order was modified: the appellant/wife is not to hand over possession of, transfer, or create any third-party interest in the property in dispute (including by way of a lease deed) and is to maintain status quo as to its possession and ownership; observations in the impugned order will not stand in the way of either party in further proceedings; and the Family Court was urged to decide the matter expeditiously. Pending applications were also disposed of.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- MAT.APP.(F.C.) 41/2026 & CM APPL. 8035/2026 DR. HETAL GAMIT .....Appellant Through: Mr. Manoj Kumar, Adv.

versus

KULDEEP SINGH .....Respondent Through: Mr. Abhijat, Sr. Adv. with Mr. S.N. Gupta and Mr. Vinod Bhardwaj, Advs.

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

O R D E R

% 12.03.2026

The present appeal has been filed under Section 19 of the Family Courts Act, 1984 assailing the impugned order dated 31.01.2026 passed by the learned Judge, Family Court-01, Shahdara, Karkardooma Courts, Delhi whereby the application filed under Order VII Rule 11 of CPC is dismissed and application under Order XXXIX Rule 1 and 2 was allowed.

Heard learned counsel for the parties.

With the consent of the parties, the order of the learned Family Court is modified and the following order is passed:-

The appellant/wife shall not hand over possession nor transfer or create any third party interest in the property in dispute in any manner including by way of a lease deed. She shall maintain status quo with regard to possession and ownership of the property in dispute. Any observation made in the impugned order shall not come in the way of any of the party in any further proceedings or further hearing of the matter.

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 16/03/2026 at 16:08:57

We hope that the learned Family Court shall proceed and decide the matter expeditiously.

The appeal is disposed of in the foregoing terms.

Pending applications, if any, also stand disposed of.

VIVEK CHAUDHARY, J

RENU BHATNAGAR, J

MARCH 12, 2026/r/ht

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 16/03/2026 at 16:08:57