MOHD RAFAT KHAN vs MS NAJMA RAZA

Judgment text excerpt

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th August, 2025 + CM(M) 1290/2025 & CM APPL. 43098/2025 MOHD RAFAT KHAN .....Petitioner Through: Petitioner in person. versus MS NAJMA RAZA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 1290/2025 & CM APPL. 43098/2025 1. Petitioner has filed a suit against his wife (since reportedly divorced) under summary procedure and is aggrieved by order dated 20.05.2025 whereby the learned Trial Court has granted his wife unconditional leave to defend the above suit. 2. The Court has gone through the averments made in the plaint, as well as, in the application filed by his wife whereby she was seeking leave to defend the suit in question. 3. The plaintiff is reportedly an I.T. Consultant and the respondent herein is a lecturer. They got married in the year 2008. As per the averments appearing in the plaint, they are living separately since the year 2021. 4. According to the plaintiff, the defendant was already under debt on account of some personal loans and could not repay those loans and, therefore, recovery notices were served by the banks. Under these circumstances, she borrowed money from the plaintiff to clear pending EMIs Signature Not Verified Digitally Signed CM(M) 1290/2025 1 By:DINESH CHANDRA Signing Date:12.08.2025 18:44:40 and to foreclose such loan accounts. 5. According to plaintiff, a loan of Rs. 3,75,000/- was given to her by issuing cheques. Such cheques were issued on 27.11.2010, 24.03.2011 and 29.03.2011. He further contends that in discharge of her such liability, defendant issued a cheque of Rs. 6.50 lakh dated 05.09.2021, which when presented returned dishonored and, therefore, summary suit has been filed based on the above said cheque. 6.