Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA No. 55/2026
Rupanshi Arora Vs. Sandeep Arora & Ors.
25.02.2026
Fresh appeal received by way of assignment. It be
checked and registered.
Present: Sh. Karan Bajaj and Sh. Preet Kumar Chaudhary,
Ld. Counsels for the appellant.
Present appeal against the order dated 17.11.2025,
vide which, name of respondents no. 2 to 13 were deleted from
the array of parties and notice was issued to only respondent no.
1 i.e. husband and the names of the remaining respondents were
deleted from the array of the parties. The present appeal has
been filed alongwith an application for condonation of delay of
39 days submitting that after the order dated 17.11.2025, the
appellant was under severe mental stress and trauma and due to
financial deprivation, therefore, she could not approach her
counsel. Thereafter, an application for obtaining certified copy
was filed on 17.12.2025 and it could be only obtained on
15.01.2026. It was further submitted thereafter the previous
counsel, who was dealing with the complaint under DV Act, met
with an accident on 03.02.2026, medical documents of the
previous counsel also furnished.
Heard.
Considering the submissions of the Ld. Counsels for
the appellant, the application for condonation of delay is hereby
stands allowed and the delay in filing the present appeal is hereby
stands condoned.
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Now coming to the impugned order dated 17.11.2025,
in the said order, the absence of the complainant has been
categorically noted down. It is submitted by the Ld. Counsel for
the appellant that no opportunity was given to the complainant to
make her submissions with respect to the allegation against
respondents no. 2 to 13 as mentioned in the complaint and their
names were deleted from the array of parties by the Ld. Trial
Court. The above said submission is found to be correct from the
absence of the complainant as well as counsel on 17.11.2025,
when the impugned order was passed by the Ld. JMFC.
Principle of natural justice demands that any order
dismissing of complaint or declines to proceed against
respondents, affects the right of aggrieved persons / complainant.
Therefore, no such adverse order can be passed without affording
an opportunity of hearing to complainant, adhering to the
principle of
audi alterem partem.
In view of the above observations, the impugned
order dated 17.11.2025 is set aside to the extent that an
opportunity shall be given to the complainant to make her
submissions before passing any order qua respondent no. 2 to 13.
Appeal stands disposed of accordingly.
Put up for before the Ld. Trial court on 28.02.2026
with direction to the appellant to appear before the Ld. Trial
Court on the said date.
Copy of the order be sent to the Ld. Trial Court.
(VANDANA)
Addl. Sessions Judge-02(North)
Rohini Courts Delhi
25.02.2026
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