ASHISH SHARMA vs VIDUSHI PATHAK

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th March, 2025 + CM(M) 505/2025 & CM APPL. 15569/2025 ASHISH SHARMA .....Petitioner Through: Mr. Sahil Sharma with Mr. Abhishek and Ms. Mamta, Saini, Advocates. versus VIDUSHI PATHAK .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is aggrieved by order dated 29.01.2025 whereby the respondent i.e. his wife has been given an opportunity to contest the matter. 2. Petitioner had filed a petition seeking divorce on the ground of cruelty and desertion as envisaged under Section 13(1) (i-a) and (i-b) of Hindu Marriage Act, 1955. 3. The above said petition was filed before the learned Principal Judge, Family Court, SAS Nagar, Mohali. However, on the basis of a Transfer Petition filed by respondent wife, the Hon’ble Supreme Court directed the above said case to be transferred from Punjab to the Court of Principal Judge, Family Court, North District, Delhi. 4. Accordingly, the file was sent to Delhi by the learned Principal Judge, Signature Not Verified Digitally Signed CM(M) 505/2025 1 By:SONIA THAPLIYAL Signing Date:20.03.2025 11:24:27 SAS Nagar on 16.09.2023. 5. Such case was received by the learned Judge, Family Court, North District on 23.09.2023. 6. Petitioner kept on appearing before the learned Judge, Family Court but there was no appearance from the side of the respondent Wife. This Court has also seen orders dated 16.11.2023 and 15.01.2024. 7. When the matter was taken up by the learned Judge, Family Court, North, Rohini on 29.01.2024, keeping in mind the absence of the respondent and the fact that the abundant opportunities had already been granted to her to file reply, her opportunity to file reply was closed and her defence was also struck of