SARIKA TALWAR vs SIDDHARTH TALWAR

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24.09.2025 + MAT.APP.(F.C.) 349/2025 SARIKA TALWAR .....Appellant Through: Mr. Sanjeev Mahajan and Ms. Simran Rao, Advs. versus SIDDHARTH TALWAR .....Respondent Through: Ms. Zeba Khair, Adv. with Respondent in-person (through VC). CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR J U D G M E N T (ORAL) ANIL KSHETARPAL, J. 1. The present Appeal has been filed by the Appellant assailing the correctness of the orders dated 13.10.2023 and 17.12.2024 passed by the Family Court, Patiala House Courts, New Delhi, in Miscellaneous Application Nos.03/23 and 19/24, respectively, in HMA No.194/2019 captioned Siddharth Talwar vs. Sarika Talwar. 2. By the order dated 13.10.2023, an Application filed under Order IX Rule 13 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”], to set aside the order dated 20.03.2021 (by which the defence of the Appellant was struck off), the ex-parte order Signature Not Verified MAT.APP.(F.C.) 349/2025 Page 1 of 6 Signed By:JAI NARAYAN Signing Date:25.09.2025 17:36:28 dated 04.04.2022 and judgment dated 22.12.2022, was dismissed in default by the learned Family Court for want of prosecution. 3. Another application, being Miscellaneous Application No.19 of 2024, was filed by the Appellant seeking to set aside the order dated 13.10.2023 and for restoration of Miscellaneous Application No.03 of 2023. However, the application was also dismissed vide order dated 17.12.2024. 4. In order to comprehend the issue involved in the present Appeal, it is apposite to refer to the relevant facts in brief. On 18.02.2019, the Respondent filed a petition for dissolution of marriage on the grounds of cruelty and desertion under Sections 13(1) (ia