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2025 DAILYLAW 6565 (DEL)

NEHA GOYAL v. ANKUR KANSAL

TR.P.(C.)/178/2025 · 2026-09-16

Harish Vaidyanathan Shankar

body2025

Judgment text

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$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010732512025 + TR.P.(C.) 178/2025 NEHA GOYAL .....Petitioner Through: Mr. Kartik Sandal, Mr. Avaneesh Jaiswal, Mr. Rohan Sandal and Mr. Maulik Soni, Advocates. versus ANKUR KANSAL .....Respondent Through: Counsel (Appearance not given). CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 16.09.2026 CM APPL. 62946/2026 (Early Hearing on behalf of the respondent) 1. The present Application under Section 151 of the Code of Civil Procedure, 1908 has been filed by the Applicant/Respondent seeking the following reliefs: “A. Allow the present application of early Hearing and list the present matter at the earliest for disposal and Grant liberty to the Respondent/Applicant to withdraw HMA No. 1326/2025 and thereafter institute an appropriate petition seeking dissolution of marriage, in accordance with law and without prejudice to the rights and contentions of either party; and B. Pass any other order(s) as deemed by this Hon’ble Court to be fit and proper in the facts and circumstances of the case, in favour of the Petitioner and against the Respondent.” 2. For the reasons as stated in the Application as well as the averments made before the Court, the present Application is allowed. This is a digitally signed order. 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 18/09/2026 at 11:33:24 3. The Application stands disposed of. TR.P.(C.) 178/2025 4. In view of the order passed in CM APPL. 62946/2026, the captioned Petition is taken up for hearing today. 5. Learned counsel appearing on behalf of the Applicant/ Respondent submits that the present Petition seeks transfer of the proceedings under Section 9 of the Hindu Marriage Act, 1955 [“HMA”], pending before the Court of learned Principal Judge, Family Court, North District, Rohini Courts, Delhi, to the Court of the learned Principal Judge, Family Court, Shahdara District, Karkardooma Courts, Delhi. 6. Learned counsel for the Applicant/Respondent submits that, in view of the order dated 25.09.2025, the learned Principal Judge, Family Court, North District, Rohini Courts, Delhi, was requested to await the outcome of the present Petition before proceeding further with the aforesaid proceedings under Section 9 of the Hindu Marriage Act, 1955. He submits that, consequently, the proceedings before the learned Family Court have not proceeded further pending adjudication of the present Petition. In this regard, reliance is placed upon paragraph 7 of the order dated 25.09.2025, which reads as under: “7. In the meanwhile, learned Principal Judge Family Court, North-District, Rohini District is requested to await the outcome of the present petition till the next date of hearing as fixed before this Court.” 7. Learned counsel appearing on behalf of the Applicant/ Respondent, however, submits that the Applicant/Respondent now seeks to withdraw the aforesaid proceedings under Section 9 of the Hindu Marriage Act, 1955. He submits that, in view thereof, the This is a digitally signed order. 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 18/09/2026 at 11:33:24 present Petition seeking transfer of the said proceedings is likely to be rendered infructuous. Learned counsel for the Applicant/Respondent further orally undertakes to file an appropriate Application before the learned Family Court seeking withdrawal of the aforesaid proceedings within a period of one (01) week from today. 8. In view of the foregoing submissions and having regard to the Undertaking on behalf of the Applicant/Respondent, the present Petition is disposed of. 9. In the event the Applicant/Respondent fails to file the aforesaid Application within the stipulated period, the present Petition shall stand restored to its original position and shall be taken up for consideration in accordance with law. 10. Accordingly, the present Petition, along with the pending application(s), if any, stands disposed of in the aforesaid terms. 11. The date already fixed before this Court, i.e., 27.10.2026, stands cancelled. HARISH VAIDYANATHAN SHANKAR, J. SEPTEMBER 16, 2026/tk/ma This is a digitally signed order. 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 18/09/2026 at 11:33:24