UPINDER KAUR MALHOTRA vs CAPT TEGHJEET SINGH MALHOTRA AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement reserved on: 02.09.2025 Judgement delivered on: 24.09.2025 + MAT.APP.(F.C.) 136/2025 & CM APPL. 76632/2024 UPINDER KAUR MALHOTRA .....Appellant Through: Ms. Nandini Sen & Mr. Basab Sengupta, Advs. versus CAPT TEGHJEET SINGH MALHOTRA AND ANR .....Respondents Through: Ms. Gauri Gupta & Mr. Rishabh Kumar Jain, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGEMENT HARISH VAIDYANATHAN SHANKAR J. 1. The present matrimonial appeal impugns the Judgment and Decree dated 18.07.2024 1 passed by the learned Family Court, Patiala House Courts, New Delhi2, in HMA No. 211/2019 (filed by Respondent No. 1 - the Husband) and HMA No. 596/2019 (filed by the Appellant - the Wife). By the Impugned Judgment, the learned Family Court, instead of adjudicating the respective petitions on their merits, proceeded to dissolve the marriage between the parties by pronouncing a decree of divorce suo motu under Section 13B of the 1 Impugned Judgement 2 Family Court Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA MAT.APP.(F.C.) 136/2025 Page 1 of 30 Signing Date:25.09.2025 14:45:49 Hindu Marriage Act, 19553. 2. HMA No. 211/2019 was filed by Respondent No. 1 seeking divorce on the ground of cruelty under Section 13(1)(ia) of the HMA. HMA No. 596/2019 was filed by the Appellant seeking divorce on the grounds of adultery and cruelty under Sections 13(1)(i) and 13(1)(ia) of the HMA. BRIEF FACTS: 3. Shorn of unnecessary details, the material facts germane to the present appeal are as follows: (a) The marriage between the Appellant and Respondent No. 1 was solemnized on 06.06.1992 in accordance with Hindu rites and ceremonies. (b) Out of wedlock, the couple was blessed with two childr