Upinder Kaur Malhotra v. Capt Teghjeet Singh Malhotra

Delhi High Court · 27 Mar 2025 · 2025:DHC:2090
Manoj Jain
C.R.P. 308/2023
2025:DHC:2090
family petition_dismissed

AI Summary

The High Court dismissed the revision petition as infructuous after the Family Court passed a divorce decree, granting liberty to revive the petition if the decree is set aside.

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HIGH COURT OF DELHI
Date of Decision: 27th March, 2025
C.R.P. 308/2023 & CM APPL. 55571/2023 & CM APPL. 8707/2024
UPINDER KAUR MALHOTRA .....Petitioner
Through: Mr. Basab Sengupta and Ms. Nandini Sen, Advocates.
VERSUS
CAPT TEGHJEET SINGH MALHOTRA AND ANR .....Respondent
Through: Ms. Gauri Gupta and Mr. Rishabh Kr.
Jain, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Learned counsel for petitioner submits that there is a material development in the matter as vide order dated 18.07.2024, learned Judge, Family Court, has already, vide common judgment, disposed of the Divorce Petition and has passed a decree. He, therefore, submits that, at the moment, the petitioner does not press the present petition.

2. He, however, also contends that the petitioner has already challenged the abovesaid decree and, eventually, if the abovesaid decree is set aside, he may be permitted to seek revival of the present Revision Petition.

3. Since decree has already been passed, the present petition, evidently, has become infructuous.

4. The present petition, along with pending applications, stands disposed of in aforesaid terms and liberty is also granted to petitioner to seek revival of the present petition in case the decree is set aside.

JUDGE MARCH 27, 2025/ss/shs