Extracted from the PDF above. The PDF is authoritative.
$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010428822026 + CRL.M.C. 6721/2026
SH. JAGDISH
.....Petitioner Through: Ms. Mansi Sharma, Mr. Rehan Verma and Ms. Akansha Khera, Advs.
versus
LAXMI@ JYOTI
.....Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
10.09.2026 CRL.M.A. 28103/2026 (For taking additional evidence on record)
1. By virtue of the present application, the petitioner seeks leave to bring on record the medical report of the erstwhile counsel for the petitioner before the learned Trial Court.
2. Considering the documents sought to be filed are pertaining to the medical complications with which the erstwhile counsel for the petitioner was suffering, the present application is allowed and the medical documents are taken on record.
3. As such, the present application is disposed of.
CRL.M.C. 6721/2026, CRL.M.A. 28102/2026 (Stay)
4. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks setting aside of 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 15/09/2026 at 12:38:18
order dated 04.09.2025 in MT. Case No.673/2022 passed by the learned Principal Judge, Family Court, North West District, Rohini Court, New Delhi (Family Court).
5. Considering the nature of the proceedings involved, as also the assertions made and grounds raised herein, issuance of notice to respondent no.2 is dispensed with.
6. Record reveals that though the parties were relegated to evidence vide order dated 10.03.2025, whereafter the affidavit of evidence of the respondent (PW1) was filed for the first time on 22.05.2025 before the learned Family Court, however, the right of the petitioner to cross- examine her has been closed on the very next date, i.e. 04.09.2025 itself. It must further also be borne in mind that the present matter is arising out of matrimonial discord inter se the parties, which require the Courts to adopt a more holistic and sensitive approach rather than being hyper-technical. Lastly, the medical condition of learned counsel for the petitioner before the learned Family Court is also substantiated by the documents filed herewith.
7. Accordingly, in the interest of justice, the present petition is allowed and the petitioner is granted an opportunity to cross-examine the respondent before the learned Family Court, subject to the petitioner depositing costs of Rs.10,000/- with the Lawyers Social Security and Welfare Fund [A/C 155530100009730; IFSC UCBA0001553] within a period of four weeks.
8. Needless to say, no unnecessary adjournments shall be sought by the parties before the learned Family Court on the next date of hearing.
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 15/09/2026 at 12:38:18
9. As such, the present petition alongwith the pending application is
disposed of.
SAURABH BANERJEE, J.
SEPTEMBER 10, 2026/bh
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 15/09/2026 at 12:38:18