OSHIN SURESH UPADHYAY vs KUMAR GAURAV DUBEY

Judgment text excerpt

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 30.04.2025 + MAT.APP.(F.C.) 161/2025 OSHIN SURESH UPADHYAY .....Appellant Through: Ms. Prachi Nirwan, Adv. for Mr. Pankaj Mendiratta, Adv. versus KUMAR GAURAV DUBEY .....Respondent Through: Mr. Satyaarth Singh and Mr. Divyank Dutt Dwivedi, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) CM APPL. 25755/2025 1. This appeal has been filed by the appellant, challenging the Order dated 20.08.2024 passed by the learned Judge, Family Court- 01, South District, Saket Courts, (hereinafter referred to as, ‘Family Court’) in HMA No. 69/2024, titled Kumar Gaurav Dubey v. Oshin Suresh Upadhyay, allowing the respondent herein to withdraw the petition filed by him under Section 13(1)(a) of the Hindu Marriage Act, 1955 (hereinafter referred to as, ‘HMA’), subject to the payment of costs of Rs. 25,000/- to the appellant herein. It was further directed that pending application/applications, if any, in the petition would be treated as infructuous and disposed of accordingly. 2. The grievance of the appellant is that her application under Section 24 of the HMA, insofar as for the period from filing of the said application till the withdrawal of the divorce petition, should have Signature Not Verified Signed By:VIJAYA MAT.APP.(F.C.) 161/2025 Page 1 of 2 LAKSHMI DOBHAL Signing Date:07.05.2025 11:34:33 been adjudicated by the learned Family Court. 3. It is pertinent to mention here that the present appeal has been filed with a delay of 215 days and the only explanation given by the appellant in her application seeking condonation of delay is as under: “b. That, the delay in filing the instant petition has solely been on account of lack of finances, as a result of which she