SONIA MARWAH vs ROHIT MARWAH & ANR.

Judgment text excerpt

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14th July, 2025 + CM(M) 2026/2023 & CM APPL. 63602/2023 SONIA MARWAH .....Petitioner Through: Mr. Sanju Francis, Ms. Jobina Jacob and Ms. Smrithi V.S., Advocates versus ROHIT MARWAH & ANR. .....Respondent Through: Mr. Prashant Mendiratta, Ms. Somyashree, Ms. Neha Jain, Mr. Arjun Sharma and Ms. Sneha Mathew, Advocates for R-1 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 has been filed on the ground of cruelty as well as on the ground of adultery. 2. Petitioner sought rejection of the divorce petition on the ground that petition was not disclosing anything which may constitute adultery. 3. The learned Trial Court, however, dismissed such application moved by the petitioner under Order VII Rule 11 CPC and that is how the present petition has been filed. 4. After hearing arguments for some time, learned counsel for petitioner, without prejudice to his rights and contentions, does not press the present petition with respect to the aspect related to rejection of plaint. He, however, submits that the learned Trial Court may be requested not to be influenced with the observations appearing in the impugned order and the issue of Signature Not Verified Digitally Signed CM(M) 2026/2023 1 By:SONIA THAPLIYAL Signing Date:16.07.2025 11:26:10 adultery be answered in terms of the evidence to be led by the respective parties. 5. Needless to say, such issue shall be decided by the learned Trial Court as per the evidence adduced by the parties and in view of the above, the present petition, so far as it relates to aspect of the rejection of the plaint is concerned, is disposed of as not pressed. 6. The second aspect involved in the present petition