ANJUM NAYYAR vs YAVAR EHSAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 1030

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANJUM NAYYAR – Appellant
Versus
YAVAR EHSAN – Respondent

JUDGMENT :

REKHA PALLI, J.

1. The present appeal under Section 19 of the Family Courts Act, 1984 (the Act) seeks to assail the judgment dated 19.11.2022 passed by the learned Family Court in M.L. No. 11 of 2022. Vide the impugned judgment, the learned Family Court has dismissed the joint petition filed by the appellant and the respondent seeking a decree of dissolution of their marriage in terms of the declaration made by the parties on 24.01.2020 by way of the joint affidavit filed by them as also their prayer for a decree of declaration to the effect that the agreement/declaration dated 24.01.2020 was binding on the parties.

2. As per the brief factual matrix emerging from the record, the marriage between the appellant and the respondent was solemnized on 10.07.1997 at Jamia Nagar, New Delhi as per Muslim Rites and Ceremonies. A Nikahnama (marriage contract) was, accordingly, issued by the Al-Qazi, Betul Qazi, with the meher (dowry) amount fixed at Rs. 51,000/-. After the marriage, the parties cohabited at A-1, Press Enclave, Saket, New Delhi and were blessed with two daughters, who are now both major and are residing with the appellant wife.

3. That subsequently, on account of some