SANGEETA vs HITESH KUMAR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 589/2015 SANGEETA .....Appellant Through: Mr. Manish Kapoor, Adv. versus HITESH KUMAR .....Respondent Through: Mr. Aman Dhyani, Ms. Kanchan Semwal and Ms. Somya Gupta, Advs. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGEMENT % 13.11.2025 1. The present appeal under Section 96 of the Code of Civil Procedure, 1908 (“CPC”), has been filed on behalf of the appellant/defendant/wife, i.e., Ms. Sangeeta, challenging the judgment and decree dated 26th May, 2015 (“impugned judgment”), passed by the Additional District Judge (“ADJ”)- 06, West, Tis Hazari Courts, Delhi in Suit No. 581/2014, titled as “Sh. Hitesh Kumar Versus Ms. Sangeeta”. 2. By way of the said suit, the respondent/plaintiff/husband, i.e., Mr. Hitesh Kumar, had sought possession of the suit property, i.e., property bearing No. B-6, Shani Bazar Road, Uttam Nagar, New Delhi - 110059, admeasuring 65 sq. yards, along with damages and mesne profits. 3. The Trial Court, vide the impugned judgment, has granted a decree of possession of the suit property in favour of the respondent and has further awarded damages @ Rs. 3,000/- per month, from the date of institution of the suit till vacation of the suit property by the appellant. 4. The facts of the case are that the parties herein were earlier married to Signature Not Verified Digitally Signed RFA 589/2015 Page 1 of 15 By:HARIOM SHARMA Signing Date:13.11.2025 16:43:14 each other, and their marriage was duly solemnized on 11th September, 2000. Out of the said wedlock, one son was born on 29th July, 2006. The plaintiff and the defendant lived together from 11 th September, 2000 to 29th April, 2007. 5. The respondent had purchased the suit property from one Shri Harbans Lal, through a registered Sale Deed dated 09th August