(1.) This petition has been filed by the petitioner challenging the order dtd. 24/3/2022 passed by the learned Principal Judge, Family Courts, South District, Saket Courts, New Delhi in CS No. 21/09 titled Ashish Dubey v. Sara Carrier Dubey @ Sara Marie Madeleine, dismissing the application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (in short, 'CPC') by the petitioner herein, who is the defendant in the Suit.
(2.) The respondent has filed the above-mentioned Suit inter alia praying for a decree of partition, possession and injunction for the property bearing No. 299, Ganpat Andalkar Block, Asian Games Village, Khel Gaon Marg, New Delhi (hereinafter referred to as the 'Suit Property").
(3.) In the plaint, the respondent asserts that the parties to the Suit are husband and wife. Plaintiff further asserts that the Suit Property has been jointly purchased by the parties on or about 21/8/2008. The plaintiff further asserts that as there are now matrimonial disputes between the parties and the relationship between the parties has worsened, with the respondent filing a petition seeking divorce from the petitioner herein, the respondent seeks partition of the Suit Property. In the plaint, the respondent further asserts as under:-