SH. NIKHIL BHATIYA vs MS. SONAM SINGH BHATIYA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 17.03.2026 Date of decision: 05.05.2026 + MAT.APP.(F.C.) 63/2026 & CM APPL. 12509/2026 SH. NIKHIL BHATIYA .....Appellant Through: Mr. Aman Chawla, Adv. versus MS. SONAM SINGH BHATIYA .....Respondent Through: Respondent in person. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT 1. The present appeal assails the Order dated 05.02.2026 (“impugned order”) passed by the learned Principal Judge, Family Court, South-West District, Dwarka Courts, Delhi (“Family Court”) in HMA No. 64/2024, whereby, the application filed for respondent was allowed and the Order of the Family Court dated 20.09.2024 was set aside vide which the defence of the respondent had been struck off. 2. As per the case of the appellant, the marriage between the appellant and the respondent was solemnized on 08.02.2019 as per Hindu rites and ceremonies. Out of the said wedlock, one male child was born who is presently residing in the care and custody of the respondent. Due to matrimonial discord and differences between the parties, the respondent left the matrimonial home along with the minor child in the latter part of 2023. The appellant filed a petition for divorce under Section 13(1)(ia) of the Hindu Signature Not Verified Signed By:PRATIBHA KUMARI Signing Date:05.05.2026 MAT.APP. (F.C.) 63/2026 Page 1 of 6 03:58:59 Marriage Act, 1955 (“HMA”) before the Family Court being HMA No. 64/2024. 3. On 18.04.2024, the respondent entered appearance before the Family Court. By an order passed on the same date, the appellant was directed to pay litigation expenses of Rs. 11,000/- within a week to the respondent, and the respondent was granted a period of four weeks to file her Written Statement. The next date of hea