Mr. Mittal Pankaj Thakkar v. Ms. Swati Mittal Thakkar

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 312/2023 and CM APPL. 67045/2023 MR. MITTAL PANKAJ THAKKAR .....Appellant Through:

Mr. Shreeyash U. Lalit, Mr.

Angad Pahel, Mr.

Lavam Tyagi, Mr. Himanshu Vats, Ms.

Ishita Khurana, Mr. Aviral Mishra, Advs.

versus MS. SWATI MITTAL THAKKAR .....Respondent Through:

Mr. Anand Singh, Mr. Kartik Malhotra Advs.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 04.12.2025 1.

On 03.12.2025, the following order was passed: "1. The present Appeal, filed under Section 19 of the Family Courts Act, 1984, assails the Order dated 23.05.2023 passed by the learned Judge, Family Court, Saket, South Delhi, in HMA No. 2036/2018, titled "Mr. Mittal Pankaj Thakkar v. Ms. Swati Mittal Thakkar", whereby the evidence of the Appellant-Husband was closed.

2. The Appellant-Husband had instituted the petition seeking dissolution of marriage by a decree of divorce. He has, however, not led any evidence till date, and the case is now fixed for recording the evidence of the Respondent-Wife.

3. It appears that the learned Family Court was impressed by the fact that the Appellant had not led evidence on the last nine dates of hearing; however, this may not be entirely accurate.

4. At this stage, learned counsel for the parties jointly pray for a short accommodation to explore the possibility of arriving at agreed terms for disposal of the present Appeal.

5. Accordingly, list the matter tomorrow, i.e., 04.12.2025, under the category of „Supplementary List‟ matters."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 11:51:24

2.

In compliance with the aforesaid observation, learned counsel representing the parties have come up with an agreed Schedule for concluding the trial of the case, which reads as under: EVIDENCE BY THE PETITIONER 31.12.2025 List of Witnesses to be filed before the Ld. Trial Court 31.01.2026 Evidence Affidavits to be filed before the Ld. Trial 31.03.2026 Cross Examination to be concluded wherein dates are fixed as per convenience of both parties.

EVIDENCE BY THE RESPONDENT Within Since the Respondent is suffering from serious health ailments. She will make all the possible efforts to conclude her expeditiously, however, let the Trial court be lenient in accommodating the Respondent as and when requested by the Respondent on account of her ill health and medical condition. 3.

A copy of the aforesaid Schedule has also been handed over to the Court as well. The Registry is directed to scan and upload the same so that it remains part of the record.

4.

Keeping in view the agreement between the parties, the Impugned Order dated 23.05.2023 is modified and the Appellant is permitted to file the list of witnesses and record the evidence as per the Schedule extracted above.

5.

With these observations, the present Appeal is disposed of. The pending application also stands closed.

ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

DECEMBER 04, 2025 jai/dev The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 11:51:24