Soni Gupta v. Gaurav Garg

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2152/2025, CM APPL. 70462-70463/2025 SONI GUPTA .....Petitioner Through:

Mr. S.S. Panwar and Ms. Nividita Panwar, Advocates.

versus GAURAV GARG .....Respondent Through:

Mr.

Varun Mittal, Advocate (Through VC) with Ms. Gunjan Sansnwal, Advocate (M-9953062629)

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 24.11.2025 1.

By virtue of the present petition, the petitioner seeks to challenge the order dated 15.09.2025 (impugned order) passed by the learned Judge, Family Court, North District, Rohini Courts, Delhi (learned Family Court) in HMA No.1589/2023 entitled Sh. Gaurav Garg v. Smt. Soni Gupta, whereby on the respondent9s application under Section 151 of the Code of Civil Procedure, 1908 (CPC), the names of 18 out of 22 of the petitioner9s witnesses have been struck off.

2.

After some arguments, in view of the provisions of Order XVI Rule 1(3) and (4) of the CPC, which is a legitimate right available to the petitioner, and is independent of the impugned order under challenge, learned counsel for the petitioner seeks to withdraw the present petition, 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 27/11/2025 at 14:44:53

albeit, with liberty to move appropriate application(s) for summoning of witnesses, including, those whose names have been struck off by the learned Family Court vide the impugned order, before the learned Family Court in accordance with law.

3.

Needless to say, this Court has not expressed anything on merits, the learned Family Court will be free to adjudicate the same on merits, in accordance with law.

SAURABH BANERJEE, J NOVEMBER 24, 2025/NA 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 27/11/2025 at 14:44:53