Smita Jina vs Amit Kumar Jina - 2025 Supreme(Del) 519

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Del) 519

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Smita Jina – Appellant
Versus
Amit Kumar Jina – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajat Bhalla, Adv.
For the Respondent: Mr. Ajay Kumar Chopra, Mr. Mudit Talesara, Mr. Samarth Talesara and Ms. Nandita Mishra, Advs.

JUDGMENT :

ANIL KSHETARPAL, J.

1. The present Appeal has been filed by the Appellant under Section 19(1) of the Family Courts Act, 1984 challenging the order dated 17.04.2025 [hereinafter referred to as “Impugned Order”] passed by the Ld. Principal Judge, Family Court, Patiala House Courts, New Delhi [hereinafter referred to as “Family Court”] in CS(OS) 22/2023 captioned Amit Kumar Jina vs. Smita Jina, whereby an application under Order XII Rule 6 of the Code of Civil Procedure , 1908 [hereinafter referred to as “CPC”] filed by the Respondent (Plaintiff before the Family Court) was allowed and it was held that both, the Appellant (Defendant before the Family Court) and the Respondent, are entitled to an equal half share i.e. 50% each in the property bearing no. C-5/18, 2^nd Floor, Grand Vasant, Near DPS, Vasant Kunj, New Delhi [hereinafter referred to as “suit property”].

FACTUAL MATRIX:

2. The brief facts leading to the present Appeal, as pleaded, are that the marriage between the parties was solemnized on 30.01.2005 in accordance with Hindu rites and ceremonies at Bhilai, Chhattisgarh. Thereafter, the parties relocated to London, United Kingdom, on 30.07.2006, where they resided toget