Delhi High Court - Orders
Kavita vs Sanjay Jain on 20 May, 2026
Author: Amit Sharma
Bench: Amit Sharma
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CMI 7/2026, CM APPL. 17124/2026, CM APPL. 17126/2026, CM
APPL. 34423/2026 & CM APPL. 34424/2026
KAVITA .....Petitioner
Through: Mr. Amit Agrawal, Ms. Akansha
Chauhan, Mr. Sarthak Wadhwa, Advs.
versus
SANJAY JAIN .....Respondent
Through: Mr. Girish Khanna, Adv.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 20.05.2026
1. This hearing has been done through hybrid mode. CM APPL. 34423/2026 (MODIFICATION OF THE ORDER DATED 23.04.2026)
2. The present application under Section 151 of the CPC filed on behalf of the appellant/ applicant seeks the following prayers: -
"(i) Modify the Order dated 23.04.2026 passed in the present Appeal by omitting the words 'and the subject premises was their matrimonial home' in paragraph 8;
(ii) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the interest of justice."
3. On 23.04.2026, this Court passed the following order:
"CM Appl. 17124/20266. The present application under Order XLI Rule 5 of the CPC seeks the following prayers "a. Allow the present Application and stay the execution of the judgment and decree dated 29.10.2025 passed by Ld. District 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 21/05/2026 at 21:45:24 Judge-02, Shahdara District, Karkardooma Courts, Delhi in CS No. 2250/2016 titled as 'Sanjay Jain v. Kavita;
b. Pass any such other and further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice."
7. There is an application (CM APPL. 17126/2026) filed on behalf of the appellant, seeking permission to pursue the present appeal, as an indigent person. Accordingly, the said application was listed before the learned Joint Registrar for necessary inquiry. The inquiry is stated to be still pending. However, learned counsel for the appellant submits that the learned Executing Court has issued warrant of possession, in pursuance of the impugned judgment and decree dated 29.10.2025.
8. Learned counsel appearing on behalf of the applicant submits, that impugned judgment dated 29.10.2025 was passed in violation of the provisions of the Explanation (c) to Section 7(1) of the Family Courts Act, 1984, whereby, jurisdiction in respect of a suit or any proceeding between the parties to a marriage with respect to the property of the parties or of either of them has been conferred/vested with the learned Family Court. It is an admitted case that the applicant was the husband of the respondent and the subject premises was their matrimonial home. It is further submitted that the marriage is still subsisting between the parties.
9. In these circumstances, let status-quo be maintained till the next date of hearing.
10. List on the date already fixed i.e. 20.05.2026.
11. In the meantime, on the petitioner taking necessary steps, issue notice to the respondent, through all permissible modes, for the date already fixed."
4. The present application has been filed to modify the order dated 23.04.2026 by omitting the words "and the subject premises was their matrimonial home" in paragraph 8 of the aforesaid order, by submitting as under:
"5. The present Application is being filed as it has been inadvertently recorded in paragraph 8 of the Order dated 23.04.2026 that the Subject Property was the matrimonial home of the parties. It is respectfully submitted that the case of the Appellant is, and as was submitted on 23.04.2026, limited to 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 21/05/2026 at 21:45:24 jurisdiction of civil court being expressly barred under explanation
(c) to Section 7 read with Section 8 of the Family Courts Act, 1971. Jurisdiction is only and only of the Family Courts in disputes between husband and wife. The Jurisdiction of civil court is expressly excluded by statute."
5. Learned counsel for the respondent/ non-applicant submits that the petitioner does not stay in the subject premises bearing no. W-196, Chander Shekhar, Gali no. 5, Babarpur Road, Maujpur, Shahdara, Delhi and the matrimonial home is W-164, Chander Shekhar, Gali no. 5, Babarpur Road, Maujpur, Shahdara, Delhi, where the petitioner is presently residing.
6. On 23.04.2026, this Court granted status quo on account of the fact that the subject premises was their matrimonial home and that the marriage to the parties is subsisting. It is further pertinent to note that learned Division Bench of this Court in Geeta Anand v. Tanya Arjun and Anr. 2024 SCC OnLine Del 2327 held that the learned Family Court has no exclusive jurisdiction over disputes which by their very nature incidentally indicates a matrimonial relationship and where such relationship is not a foundational fact to lay such a claim and the core of the said dispute independently exist in civil law.
7. In these circumstances, since the petitioner is already residing in the matrimonial home and not in the subject premises, the order granting status quo is vacated.
8. List before the Joint Registrar on 20.07.2026 i.e., date already fixed.
9. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J MAY 20, 2026/kr/sg 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 21/05/2026 at 21:45:24