MANIA GHAI vs NISHANT CHANDER

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 25.08.2025 Judgment pronounced on: 11.09.2025 + MAT.APP.(F.C.) 303/2025 & CM APPL. 52720/2025 MANIA GHAI .....Petitioner Through: Ms. Anju Jain, Mr. Hitesh Sachar, Mr. Lakshay Nagpal and Mr. Dev Inder Singh, Advocates. versus NISHANT CHANDER .....Respondent Through: Nemo. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Appeal, under Section 19(1) of the Family Courts Act, 1984, has been filed by the Appellant assailing the Order dated 16.07.20251 passed by the learned Principal Judge, Family Court, Rohini (North), Delhi2, in CS No. 12/2025 titled “Mania Ghai v. Nishant Chander.” By way of the Impugned Order, the learned Family Court rejected, at the threshold, the civil suit instituted by the Appellant for declaration, mandatory injunction, and permanent injunctions, holding that the plaint failed to disclose any cause of action. 1 Impugned Order 2 Family Court Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA MAT.APP.(F.C.) 303/2025 Page 1 of 23 Signing Date:12.09.2025 12:37:11 2. Shorn of unnecessary details, the facts, as pleaded by the Appellant and relevant for the present Appeal, are as follows:- (a). The parties are husband (Respondent) and wife (Appellant), whose marriage was solemnised on 16.11.2005 in accordance with Hindu rites and ceremonies. (b). Two children, namely, Ardaan and Arvaan, were born out of the wedlock on 27.01.2009 and 13.12.2012, respectively. (c). After marriage, the parties initially resided in a rented accommodation from 17.11.2005 until May 2006. Thereafter, a residential flat, being Flat No. B-902, Tarika Apartments, Sector-43, DLF, Gurgaon, Haryana-1220023,