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2026 DAILYLAW 13052 (DEL)

GEETA SHARMA v. KANCHANA RAI & ORS.

CM(M)/1432/2026 · 2026-07-21

Anish Dayal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1432/2026, CM APPL. 42474/2026, CM APPL. 42475/2026 CM APPL. 42476/2026. GEETA SHARMA .....Petitioner Through: Mr. Vikas Singh, Sr. Adv., Mr. Varun Singh, Ms. Alankriti Dwivedi, Ms. Somesa Gupta, Ms. Arushi Vig, Advs. versus KANCHANA RAI & ORS. .....Respondents Through: Mr. Trideep Pais, Sr. Adv. along with Mr. D. Abhinav Rao, Adv. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 21.07.2026 1. This petition has been filed, inter alia, seeking the expedition of proceedings in HAMA 09/2023 which is pending before the Family Court, Saket, New Delhi. 2. Mr. Vikas Singh, Senior Advocate, appears for the petitioner and states that the petitioner is a widow, who was left without any independent means of livelihood to support herself after the death of her husband. She had filed a petition before the Family Court, Saket, Delhi under the Hindu Adoption and Maintenance Act, 1956 (‘HAMA’) seeking maintenance from the estate of her deceased father-in-law (late Dr. Mahendra Prasad) and had also has moved an interim application for maintenance. 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 24/07/2026 at 11:55:22 3. Mr. Singh, Senior Advocate, states that the interim application for maintenance has been pending, approximately for about 3 years. He points out to various orders which have been passed in respect of these proceedings, which are as under: I. In CM(M) 1123/2023, a petition was filed before this Court for expedition of the application for interim maintenance. Vide order dated 19th July 2023, this Court dismissed the petition by stating that the Family Court was considering the application expeditiously and, therefore, did not deserve any further directions. II. In CM(M) 1243/2023, a petition was filed before this Court challenging the order dated 26th July 2023 passed by the Family Court. Vide order dated 04th August 2023; this Court stated that the date given before the Family Court was reasonably short and, therefore, no reasons were made out for any further directions. III. Thereafter, the matter was challenged before the Supreme Court in SLP (C) No. 18136/2023. The Supreme Court stated that there is no reason to interfere with the impugned order, since the main matter was pending before the High Court. IV. In CM(M) 2709/2024, petition was moved before this Court challenging the order dated 24th May 2024 passed by the Family Court, for allowing grant of interim maintenance to the tune of Rs.50,00,000/- and directing the Family Court to expedite proceedings. Vide order dated 29th May 2024, this Court noted that the application for interim maintenance had been pending for one year and directed Family Court to hear arguments on the interim 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 24/07/2026 at 11:55:22 application seeking maintenance on the date fixed and dispose of the same within 4 weeks. V. In HMA 9/2023, the Family Court dismissed the petition as being non- maintainable on 27th August 2024. An appeal was preferred before this Court against the order passed on 27th August 2024, before the Division Bench of this Court in MAT. APP. (F.C.) 303/2024, in which the judgment was pronounced on 20th August 2025, holding that the petition was maintainable, directing the Family Court to continue the proceedings. VI. Thereafter, by order dated 26th August 2025 in MAT. APP. (F.C.) 303/2024, the Division Bench of this Court noted that the Family Court has been requested to make sincere endeavors to decide the application and the same shall be considered in accordance with law. VII. In SLP (C) Nos.1544-1545/2026, by judgment dated 13th January 2026, the Supreme Court further assessed the challenge made by the opposing side and dismissed the appeals. 4. It has been stated that, thereafter, the application for interim maintenance continues to remain pending and has been waylaid on account of an impleadment application pressed by Ms. Uma Devi. 5. Mr. Trideep Pais, Senior Advocate, appearing on behalf of respondents, states that the said impleadment application has been listed for orders tomorrow by the Family Court. 6. In these circumstances, and in view of the various orders as listed above, it will be expected that the Family Court will take up the interim maintenance application on an expeditious and urgent basis and dispose it of within a period of three months. 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 24/07/2026 at 11:55:22 7. Accordingly, petition stands disposed of. Pending applications are rendered infructuous. 8. It is made clear that the Court has not made any observation on the merits of the matter. 9. Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 21, 2026/ak/sp 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 24/07/2026 at 11:55:22