BABITA vs COL DINESH KUMAR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 06.08.2025 Judgment pronounced on: 18.08.2025 + MAT.APP.(F.C.) 224/2025 & CM APPL. 36339/2025 BABITA .....Appellant Through: Mr Lal Singh Thakur, Mr. Sudhir Tewatia, Mr. Anurag Sharma and Mr. Ankush, Advocates. versus COL. DINESH KUMAR .....Respondent Through: Mr. Manjit Singh Chauhan, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The Appellant assails the correctness of the Order dated 17.04.2025 [hereinafter referred to as „Impugned Order‟] passed by the learned Family Court, Delhi, whereby her right to summon and produce certain records of the Court of Enquiry conducted by the Indian Army, as well as to examine the concerned witness, was closed, and her evidence was treated as concluded, on the ground of alleged non-compliance with the earlier directions of the Court. FACTUAL MATRIX: 2. The brief facts leading to the present Appeal, as pleaded, are Signature Not Verified MAT.APP.(F.C.) 224/2025 Page 1 of 8 Signed By:JAI NARAYAN Signing Date:19.08.2025 12:17:25 that the marriage between the parties was solemnized on 19.11.1995 in accordance with Hindu rites and ceremonies at Majra, District Jhajjar, Haryana. Out of the said wedlock, two male children were born in 1996 and 2003, respectively. The Respondent-husband serves as a Colonel in the Indian Army, while the Appellant-wife is a homemaker. The parties are stated to have resided together at various places of posting of the Respondent until certain matrimonial differences arose between them. 3. It is the case of the Appellant that the Respondent subjected her to mental and physical harassment and cruelty, as a result of which she was constrained to leave the matr