RICHA SUREKA vs AKHIL KUMAR SUREKA

Judgment text excerpt

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29.05.2025 + C.R.P. 175/2025 & CM APPL. 35162-35164/2025 RICHA SUREKA .....Petitioner Through: Mr. Alok Agarwal, Mr. Ankur Kashyap, Mr. Mukul Lather & Mr. Gaurav Bhardwaj, Advocates. versus AKHIL KUMAR SUREKA .....Respondent Through: Mr. N.P. Singh & Mr. Amrit Singh, Advocates. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL. 35163/2025 [Condonation of delay] 1. This is an Application filed on behalf of the Petitioner seeking condonation of delay of 15 days in filing the present Petition. 2. For the reasons as stated in the Application, the delay is condoned. 3. The Application stands disposed of. CM APPL. 35164/2025 [Exemption from filing typed copies] 4. Allowed, subject to just exceptions. 5. The Application stands disposed of. C.R.P. 175/2025 & CM APPL. 35162/2025 [Stay] 6. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as Signature Not Verified Digitally Signed By:RAHUL Signing Date:31.05.2025 C.R.P. 175/2025 Page 1 of 4 13:23:34 “CPC”] against the order dated 01.02.2025 passed by learned Judge, Family Court, Dwarka Court, South West, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Application under Order XI Rules 1 and 4 of the CPC filed by the Petitioner has been dismissed by the learned Trial Court. 7. Learned Counsel for the Respondent raises preliminary objection on the maintainability of the Petition in view of Section 19 of the Family Courts Act, 1984. In addition, an objection is raised in respect of the provisions of Section 115 of the CPC. 8. It is no longer res integra that the provisions of Section 115 of the CPC cannot be i