Rajan v. Priyanka

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 315/2025, CM APPL. 54890/2025 and CM APPL. 54891/2025 RAJAN .....Appellant Through:

Mr. Aviral Saxena and Mr.

Shashank Shekhar, Advs.

versus PRIYANKA .....Respondent Through:

Mr. A.K. Shrivastava and Mr.

Mohmmad Mubeen, Advs.

CORAM:

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

O R D E R

% 01.09.2025 CM APPL. 54892/2025 [Condonation of delay in filing] 1.

The present application has been filed by the Appellant seeking condonation of delay of 84 days in filing the Appeal. 2.

For the reasons as stated in the application, the delay is condoned.

3.

The application stands disposed of.

MAT.APP.(F.C.) 315/2025 1.

The present Appeal has been filed by the Appellant under Section 19 of the Family Courts Act, 1984 for setting aside the Order dated 29.04.2025 [hereinafter referred to as the "Impugned Order"] passed by the learned Judge, Family Court, Central District, Tis Hazari Court, Delhi in HAMA No.04/2024 captioned Priyanka vs. Rajan.

2.

By the Impugned Order, the Family Court has directed the Appellant to contribute a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand Only) towards the expenses incurred on the 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 03/09/2025 at 12:11:03

marriage of the Respondent, which was scheduled to take place on 07.05.2025 and has already been solemnized.

3.

Learned counsel representing the Appellant has submitted that the Respondent is a practicing Advocate.

4.

The Impugned Order has been passed by the Family Court without granting any opportunity to the parties to lead evidence. 5.

It is the case of the Respondent (Applicant before the Family Court) that upon the death of her mother, her Bua (paternal aunt, i.e., cousin sister of her father) took care and custody of her. 6.

In these circumstances, the Family Court was required to examine the entire matter in the context of availability of resources with the Respondent/Applicant and her father, who is already taking care of his 04 children including the Respondent/Applicant‟s real sister.

7.

The Appellant is stated to be living with a meager pension of Rs.20,000/- (approx.) per month.

8.

Since, the main petition is pending before the Family Court, hence, the Impugned Order is set aside while granting the liberty to the Family Court to pass appropriate order upon finally deciding the petition filed by the Respondent under Section 20(3) read with Section 3(b)(ii) of the Hindu Adoption and Maintenance Act, 1956. 9.

With these observations, the Appeal, along with pending applications, is disposed of.

ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

SEPTEMBER 01, 2025/sg/rgk 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 03/09/2025 at 12:11:03