Neutral Citation Number 2023:DHC:5211-DB

MAT.APP.(F.C.) 127/2022 Page 1 of 22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 08.05.2023

Judgment delivered on: 27.07.2023

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MAT.APP.(F.C.) 127/2022 & CM APPL. 38047/2022

NIDHI JAIN

..... Appellant

versus

ANKIT JAIN

..... Respondent

Advocates who appeared in this case:

For the Appellant:

Appellant in person.

For the Respondents: Mr. Arush Bhandari, Advocate with respondent in person.

CORAM:-

HON’BLE MR. JUSTICE SANJEEV SACHDEVA

HON'BLE MR. JUSTICE MANOJ JAIN

JUDGMENT

MANOJ JAIN, J.

1.

Appellant has challenged order dated 25.07.2022 whereby her

application under Section 151 CPC filed in HMA petition

No.1367/2019 titled as Ankit Jain vs. Nidhi Jain has been dismissed

by learned Judge, Family Court, North District, Rohini, Delhi.

2.

Appellant got married to respondent on 16.02.2012 as per

Hindu rites and customs. However, their marriage was in turmoil and

the matrimonial discord between the two resulted in filing of various

cases by them, against each other.

3.

Presently, we are concerned with HMA petition No.1367/2019

filed by the respondent whereby he has sought dissolution of marriage

Digitally Signed

By:SONIA THAPLIYAL

Signing Date:27.07.2023

13:02:36

Signature Not Verified

Neutral Citation Number 2023:DHC:5211-DB

MAT.APP.(F.C.) 127/2022 Page 2 of 22

on account of cruelty. Said petition is pending adjudication and the

trial is yet to begin.

4.

It needs to be highlighted that the respondent had earlier also

filed two petitions seeking dissolution of marriage. One such petition

was filed on 15.12.2012 which was registered as HMA 594/2012. By

virtue of said petition also, he had sought divorce but it was dismissed

at the very threshold, being barred under Section 14(1) of Hindu

Marriage Act, 1955(in short HMA) as it had been filed within one

year of the marriage and no instance of any exceptional hardship to

him or exceptional depravity on the part of his wife could be brought

on record.

5.

Thereafter, respondent filed one more petition seeking divorce

on the ground of cruelty on 23.03.2013. Said petition was registered

as HMA No.219/2013. For the sake of convenience, said petition

would be hereinafter referred to as “the previous petition.” He sought

divorce citing several grounds of cruelty allegedly attributable to his

wife. The previous petition was contested by the Appellant/wife.

Issues were framed and the case was put to trial but before the

conclusion of the trial, respondent withdrew the same on 07.04.2016.

Respondent personally appeared before the concerned court of learned

Principal Judge, South West District, Dwarka, New Delhi and

withdrew the same.

6.

After the withdrawal of the previous petition on 07.04.2016,

respondent again filed a petition seeking divorce on the same ground

Digitally Signed

By:SONIA THAPLIYAL

Signing Date:27.07.2023

13:02:36

Signature Not Verified

Neutral Citation Number 2023:DHC:5211-DB

MAT.APP.(F.C.) 127/2022 Page 3 of 22

of cruelty under Section 13 (1) (ia) of HMA. In his such petition

(hereinafter referred to as the new petition), he did divulge that he had

previously filed a divorce petition, which was withdrawn by him. He,

however, claimed that the petition was withdrawn by him as he was

fed up of legal battles between him and his wife. In the new petition,

he, inter alia, also claimed he had not condoned any act of cruelty.

7.

Appellant contested the new petition also and filed written

submission-cum-reply refuting the averments made in the petition as

well taking certain objections.

8.

During the pendency