SMT. SUMAN SHARMA vs MAHENDER SHARMA & ORS.

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th April, 2025 + CM(M) 776/2025 & CM APPL. 25318/2025 SMT. SUMAN SHARMA .....Petitioner Through: Mr. Jai Wadhwa and Mr. Ronak Karanpuria, Advocates along with petitioner in person. versus MAHENDER SHARMA & ORS. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is a very short one. 2. Petitioner has filed a suit against her husband and two others and seeks declaration and cancellaton of one Sale Deed dated 31.07.2022. 3. She also sought permission to file the abovesaid suit as an indigent person, which request was acceded to by the learned Trial Court. 4. However, during the further proceeding of the matter, the petitioner was imposed with cost of Rs.2,000/- on 13.02.2023 and of Rs.5,000/- on 13.07.2023. 5. She prayed for waiver of the cost but the cost was rather reduced from Rs.7,000/- to Rs.5,000/-. 6. According to petitioner, there is an order of maintenance in her favour and maintenance is to be paid @ Rs.4,000/- per month by her husband (defendant No.1), who has not been paid the same for last more than one year. Signature Not Verified Digitally Signed CM(M) 776/2025 1 By:SONIA THAPLIYAL Signing Date:01.05.2025 12:46:03 7. It is also submitted that when the matter was taken up by the learned Trial Court on 06.03.2025, her further request for waiver of the cost was also declined, while burdening her with another cost of Rs.200/-. 8. It is submitted that the learned Trial Court did not appreciate the abovesaid aspect and since the respondent/defendant-Mr. Mahender Sharma was in arrears of maintenance, the cost should have rather been waived. 9. Learned counsel for petitioner also submits that the petitioner, hersel