Disposed

Meenakshi Kabra v. Kapil Kabra

Delhi HC19 Feb 2026MAT.APP.(F.C.)/59/2026

Case brief

AI extract

What is this about?

Matrimonial appeal challenging a Family Court interlocutory order in a suit restraining prosecution of divorce proceedings in New Jersey. With consent, the Family Court hearing on the Order XXXIX Rules 1 & 2 application was preponed to 19.03.2026; till then the respondent was restrained from proceeding before the U.S. court. Appeal disposed accordingly.

What did the court decide?

Interim restraint on respondent's U.S. divorce proceedings till 19.03.2026; Family Court to hear interim injunction application on preponed date.

Meenakshi Kabra Vs Kapil Kabra — Matrimonial and Divorce | Delhi HC (2026)

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$~37

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- MAT.APP.(F.C.) 59/2026

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MEENAKSHI KABRA .....Appellant

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Through: Appearance not given

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versus

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KAPIL KABRA .....Respondent Through: Mr. Apoorv Kurup, Sr. Adv. with Mr. Dhruv Sharma, Mr. Vardaan Wanchoo, Mr. Ritwik Mohapatra, Ms. Priya Patel & Ms. Nidhi Mittal, Advs.

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CORAM:

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

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O R D E R

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% 19.02.2026

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CM APPL. 11563/2026 ( Exemption)

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Allowed, subject to all just exceptions.

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Accordingly, the application stands disposed of.

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MAT.APP.(F.C.) 59/2026 & CM APPL. 11561/2026 (Stay) , CM APPL. 11562/2026

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The present appeal has been filed under Section 19 of the Family Courts Act, 1984, read with Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) against the Order dated 11.02.2026 passed by the learned Judge, Family Court01, South West District, Dwarka, New Delhi (hereinafter referred to as “Family Court”) claiming the following reliefs:

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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 12:27:54

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“a) set aside the Impugned Order dated 11.02.2026 passed by Ms. Niyay Bindu, Judge, Family Court-01, Dwarka in CS No.38/2025 titled as “Meenakshi Kabra vs Kapil Kabra”;

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b) restrain the Respondent and/or any other person acting on his behalf in proceeding with and/or prosecuting the Complaint for Divorce/Dissolution based on Irreconcilable Differences i.e. Docket No. FM-18-293-26 titled “Kapil Kabra vs Meenakshi Kabra” filed by the Respondent before the Superior Court of New Jersey, Chancery DivisionFamily Part, Somerset County pending hearing and decision in the Application under Order XXXIX Rule 1 & 2 CPC filed by the Appellant in CS No.38/2025;

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c) Pass any further orders as this Hon'ble Court deems fit in the facts of the present matter.”

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The learned counsel for the respondent, who appears on advance notice, has challenged the maintainability of this appeal stating that the impugned order is an interlocutory order against which no appeal lies.

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During the course of the submissions, the learned counsels for both the parties have stated that the next date fixed before the learned Family Court for disposal of the interim application filed by the appellant under Order XXXIX Rule 1 and 2 of the CPC is 30.03.2026. 6. Learned counsels for both the parties agree that the said date be preponed and that the respondent shall file reply to the said interim application within a period of two weeks and the appellant shall file rejoinder thereto, if any, within a period of one week thereafter, before

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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 12:27:54

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the learned Family Court.

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Further, learned counsels for both the parties undertake that they shall argue the matter on the next date fixed before the learned Family Court without any unnecessary adjournments.

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In view thereof, the date fixed before the learned Family Court is preponed to 19.03.2026 on which date, the learned Family Court is requested to hear and dispose of the said interim application filed by the appellant under Order XXXIX Rule 1 and 2 of the CPC.

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Till 19.03.2026, the respondent is restrained from proceeding with the matter pending before the Superior Court of New Jersey, Chancery Division- Family Part, Somerset County, (hereinafter referred to as “the U.S. Court”) in Docket No. FM-18-293-26 titled as Kapil Kabra vs Meenakshi Kabra and to inform the U.S. Court about this order and the pendency of the proceedings before the learned Family Court.

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The present appeal along with pending applications stand disposed of in the aforesaid terms.

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VIVEK CHAUDHARY, J

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RENU BHATNAGAR, J

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FEBRUARY 19, 2026 /pr/sm

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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 12:27:54

Meenakshi Kabra v. Kapil Kabra

Case brief

What is this about?

What did the court decide?

Meenakshi Kabra v. Kapil Kabra

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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