KOMITA SINGH vs SAURABH MALIK

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 02.12.2025 + MAT.APP.(F.C.) 242/2025 and CM APPL. 39749/2025 KOMITA SINGH .....Appellant Through: Mr. Manish Kaushik, Adv. versus SAURABH MALIK .....Respondent Through: Mr. Satwik Parikh, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR J U D G M E N T (ORAL) ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellant assails the correctness of the order dated 09.05.2025 passed by the learned Family Court, whereby her application under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’], seeking rejection of a Guardianship Petition filed by the Respondent, the biological father of the child, was dismissed. 2. It is the case of the Respondent that, the Appellant and the Respondent were in a live-in relationship, and out of the said relationship a male child, Master Neil Malik, was born on 03.10.2019. 3. Accordingly, the Respondent filed a petition under Section 7 read with Sections 12 and 25 of the Guardians and Wards Act, 1890 [hereinafter referred to as ‘GWA’]. Thereafter, the Appellant filed an Signature Not Verified Signed By:JAI NARAYAN Signing Date:09.12.2025 14:53:20 application under Order VII Rule 11 of the CPC seeking rejection of the Guardianship Petition. As already noticed hereinabove, the said application has already been dismissed. 4. Heard learned counsel representing the parties at length and, with their able assistance, perused the paper book. 5. Learned counsel representing the Appellant, while referring to Sections 6 and 9 of the Hindu Minority and Guardianship Act, 1956 [hereinafter referred to as ‘HMGA’] and certain provisions of the Hindu Succession Act, 1956 [hereinafter referred to as ‘HSA’], s