DEVIKA MEHRA vs PRASHANT PRAKASH SAHNI

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09th July, 2025 + CM(M) 1407/2023 & CM APPL. 44543/2023 & CM APPL. 3259/2025 DEVIKA MEHRA .....Petitioner Through: Mr. Rajat Aneja, Mr. Saurabh Seth, Ms. Neelampreet Kaur, Mr. Abhiroop Rathore and Mr. Saubhagya, Advocates. versus PRASHANT PRAKASH SAHNI .....Respondent Through: Mr. Prashant Mendiratta, Ms. Malvika Choudhary, Ms. Veena Singh, Mr. Shubho Banerjee and Mr. S. Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is defending a divorce petition which was filed by her husband way back in the year 2022. 2. Admittedly, after due service upon the petitioner herein, the learned Trial Court directed her to file written statement but since she failed to file the written statement, the learned Trial Court vide order dated 21.12.2022 was constrained to strike off her such defence. 3. The petitioner moved an application under Order XLVII Rule 1 CPC seeking recall of the abovesaid order dated 21.12.2022 and besides above, she Signature Not Verified Digitally Signed CM(M) 1407/2023 1 By:SONIA THAPLIYAL Signing Date:11.07.2025 14:15:16 also moved separate applications under Section 24 and 26 of Hindu Marriage Act, 1955. 4. All such applications were taken up by the learned Judge, Family, Court on 15.03.2023 but noticing that there was no one from her side to argue, such applications were dismissed for non-prosecution. 5. Thereafter, she filed another application under Section 151 CPC seeking restoration of her said applications i.e. review application as well as application filed under Section 24 and 26 of Hindu Marriage Act, 1955. 6. However, the learned Trial Court has dismissed such application under Section 151 CPC on 31.07.2023. 7. It is in the abovesaid f