Dinesh Kumbnani v. Sheela Kumbnani

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2314/2025 DINESH KUMBNANI .....Petitioner Through:

Mr. Dinesh, Advocate (through VC).

versus SHEELA KUMBNANI .....Respondent Through:

Mr. Bharat Bagga, Advocate (through VC).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 21.01.2026 1.

This hearing has been done through hybrid mode. CM(M) 2314/2025 & CM APPL. 96/2026 (seeking amendment of the present petition) 2.

The present petition under Article 227 of the Constitution of India, 1950, seeks the following prayers:

"a. Set aside the impugned order dated 15.11.2025 ("Impugned Order") passed by the Ld. Judge Family Court: North-West District: Rohini Courts, (in Sheela Kumbnani. Vs. Dinesh Kumbnani" being MT No. 20/2017 whereby the Petitioner's application seeking recall of the order dated 21.07.2025 was dismissed.

b. Allow the application for recalling the order dated 21.07.2025 thereby allowing the Petitioner to cross-examine PW-1 c. Pass any further orders which this Hon 'ble court may deem fit and proper in the facts a11d circumstances of the present case be passed."

3.

During the pendency of the present petition, an application, CM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

APPLN. 96/2026, under Order VI Rule 17 read with Section 151 of the CPC was filed seeking amendment of the captioned petition with respect to the prayer sought therein. The amended prayers read thus: - "It is respectfully prayed that this Hon'ble Court be pleased to:- a. Pass an order setting aside the orders dated 21.07.2025 and 15.11.2025 ("Impugned Orders") passed in MT No. 20/2017 pending before Ld. Judge Family Court: North-West District: Rohini Courts titled 'Sheela Kumbnani. Vs. Dinesh Kumbnani' thereby allowing the Petitioner to cross-examine PW-1 b. Pass any further orders which this Hon'ble court may deem fit and proper in the facts and circumstances of the present case be passed."

4.

Learned counsel for the respondent enters appearance and submits that the impugned order dated 15.11.2025 as well as order dated 21.07.2025 closing the opportunity of the petitioner to cross-examine the respondent herein, suffers from no illegality and had been passed keeping in view of the circumstances and conduct of the petitioner herein. 5.

Be that as it may, with the consent of the parties, the following directions are passed: - (i) The petitioner shall be given one last and final opportunity to crossexamine the respondent herein, i.e., Ms. Sheela Kumbnani, on the date so fixed by the learned Family Court with the consent of the parties. It is made clear that the aforesaid is subject to the payment of Rs.15,000/- as costs by the petitioner to the respondent herein to be paid before the learned Family Court;

(ii) Learned Family Court shall ensure that the cross-examination of the respondent herein is conducted on the date so fixed, and thereafter, no further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

opportunity shall be given to the petitioner to cross-examine. 6.

Learned counsel for the respondent submits that on account of the fact that the petitioner's right to cross-examine the respondent was closed, he did not lead any further evidence in the subject proceedings. 7.

In view of the aforesaid, the respondent will be at liberty to lead further evidence in the proceedings before the learned Family Court in accordance with law. It is pointed out that the matter is fixed before the learned Family Court for 29.01.2026.

8.

Let the parties appear before the concerned learned Family Court on the aforesaid date for further proceedings.

9.

The present petition is disposed of in the aforesaid terms. 10.

The next date of hearing, i.e., 18.02.2026, stands cancelled. 11.

Pending application(s), if any, also stands disposed of. 12.

Copy of this order be communicated to the learned Judge, Family Court, North-West, Rohini, Delhi, for necessary information and compliance. 13.

Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J JANUARY 21, 2026/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.