NITIN JAIN vs PALLAVI JAIN

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 01.08.2025 Judgment pronounced on: 11.08.2025 + MAT.APP.(F.C.) 112/2025 NITIN JAIN ...Appellant Through: Mr. P. Sureshan, Adv. versus PALLAVI JAIN ...Respondent Through: Mr. V. K. Srivastava, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal has been filed under Section 19 of the Family Courts Act, 1984 assailing the Judgement dated 08.01.2025 [hereinafter referred to as the „Impugned Judgment‟], passed by the learned Principal Judge, Family Court, District North West, Rohini Court, Delhi1, in HMA No. 1040/2020 titled Pallavi Jain v. Nitin Jain, allowing the petition under Section 13(1A)(ii) of HMA filed by the Respondent herein and thereby dissolving the marriage between the parties. FACTUAL MATRIX: 2. At the outset, it will be apposite to advert to the salient facts leading up to the institution of the present appeal. The marriage 1 Family Court Signature Not Verified Signed By:JAI MAT.APP.(F.C.) 112/2025 Page 1 of 9 NARAYAN Signing Date:12.08.2025 12:56:16 between the Appellant and the Respondent was solemnized on 15.01.2005, according to Hindu rites and customs at Delhi. Out of the said wedlock, a child was born on 30.10.2006. 3. On a petition filed by the Appellant under Section 9 of the Hindu Marriage Act, 19552, for restitution of the conjugal rights, a Judgment dated 11.09.2018 was passed by the learned Family Court, Central, Tis Hazari Courts, Delhi, in favour of the Appellant. Pursuant thereto, an execution petition under Order XXI Rule 32 and 33 of the Code of Civil Procedure, 19083 bearing No.10/2019 was filed by the Appellant, which is pending adjudication before the learned Principal Judge, Fa