Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ No. 745/2025
AARUSHI & ANR. Vs. RAJESH KUMAR SHARMA & ANR.
03.12.2025.
Present : Mr. Saurabh Kumar Kaushik and Mr. Hardik Malik, Ld.
Counsel for the plaintiffs.
Mr. Navlendu Kumar, Ld. Counsel for the defendants
alongwith defendants in person.
No reply to the application u/o 39 Rule 1 & 2 CPC is filed.
Defendants have appeared in person in terms of last order.
Ld. Counsel for the plaintiffs presses heavily for the
temporary injunction. This Court poses the messages reproduced in the
para No. 5 of the plaint pleaded as sent by the defendant No 2 and
defendant No. 2 categorically accepts that this message was sent by her
but it is contended that it was not a publication but message was sent to
the relatives and known to make them acquainted with certain facts and
clarifying and that defendants being parents are not in any way agreeing
with the marriage with both the plaintiffs. From the hearing of the
parties, it is also gained that both the defendants are well aware and do
accept that the plaintiff No. 2 who is their son, has already attained the
age of majority and he is free to take decision of his marriage and to
choose the partner. Both the defendants also expressed heir
unwillingness to have any contact with the plaintiff No. 2 and to disown
him for all the purpose. So, this Court is of the view that the defendants
can well exercise their right to disown the plaintiff No. 2 but any
perceived aspersion cannot be allowed to be made by any of the
defendants against any of the plaintiffs. The messages admitted by the
defendant No. 2 to have been sent to his relatives consist of many
accusations which are not less than imputation of being part of criminal
activities. Contents are also of the nature that has potential to hurt the
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feelings of a group of people with a specific faith. Hence, defendants are
hereby restrained to make comments regarding the perception that they
hold against plaintiffs more specifically against plaintiff No. 1 through
any public medium including media, like newspaper, TV Channel,
Facebook, WhatsApp, Instagram or any social media platform etc. till
the next date of hearing.
Meanwhile, defendants are also directed to file their
written statement within statutory period and reply to the application u/o
39 Rule 1 & 2 CPC after supplying advance copy to the opposite
counsel against acknowledgment and thereafter, replication, if any, be
also filed in same manner. Reply of application u/o 39 Rule 1 & 2 CPC
be also filed in same manner.
Now, put up for appearance of parties/filing of
replication/admission and denial of the documents, if any/ examination
u/o 10 CPC/exploration of the chances of resolution of dispute by
alternate mode u/o 89 CPC/arguments on application u/o 39 Rule 1 & 2
CPC and for consideration for issues for 11.02.2026.
(Aanchal)
District Judge-03, Rohini Courts
North District, Delhi
03.12.2025(amt)
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