NUPUR GARG vs DWARKESH AHUJA

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20.01.2026 + MAT.APP.(F.C.) 443/2025 NUPUR GARG .....Appellant Through: Mr. Abhishek Wadhwa, Mr. Somyaa Gurung & Mr. Saurabh Yadav, Advs. with appellant in person. versus DWARKESH AHUJA .....Respondent Through: Mr. Dhiraj Bhiduri, Adv. with respondent present through VC. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT % 1. The present appeal has been filed under Section 19 of the Family Court Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (“HMA”) against the Order dated 09.12.2025 passed by the learned Judge, Family Court-02, South District, Saket Courts, Delhi (“Family Court”) in HMA No. 1821 of 2025, whereby the appellant’s application under Section 14 HMA seeking leave to present a joint petition for divorce by mutual consent under Section 13-B (1) HMA prior to expiry of one year from the date of marriage, was dismissed, and consequentially, the main petition was also held to be not maintainable. 2. The marriage between the parties was solemnized on 30.03.2025 at Arya Samaj Mandir, Khirki Village, New Delhi. Subsequently, the marriage was registered on 02.04.2025 before the Office of the District Magistrate, Signature Not Verified Signed By:PRATIBHA KUMARI Signing Date:27.01.2026 MAT.APP.(F.C.) 443/2025 Page 1 of 7 03:56:16 South, New Delhi. It is an admitted position that the parties never cohabited even for a single day, the marriage was never consummated, and immediately after the marriage, both parties continued to reside separately at their respective parental homes. 3. Thereafter, owing to irreconcilable differences and complete incompatibility discovered immediately after marriage, the parties jointly decided to seek dissolution of marriage