$~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010372242026 + CRL.M.C. 5891/2026 and CRL.M.A. 24593/2026 SHRI GAURAV SHARMA & ORS. .....Petitioners Through: Mr. Parth Mahaja, Advocate. versus MS.SHIPALI SHARMA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 13.08.2026 CRL.M.A. 24593-24594/2026 (for exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.M.C. 5891/2026 and CRL.M.A. 24593/2026 1. The instant petition is for the following reliefs:- “(a) The impugned order dated 15.7.2026 in Crl. Revision no.164/2025 titled as Gaurav Sharma and others versus Shipali Sharma passed by the Special Judge (NDPS)-02, South West District, Dwarka Courts, Delhi, and impugned order dated 10.2.2025 in complaint case no. 9321/20 1 9 titled as Shipali Shanna versus Gaurav Shanna and others passed by the Court of Ld. JMFC, Dwarka Comis, Delhi, be set-aside /quashed by allowing the present petition of the petitioners; (b) Thereafter the petitioners be discharged in Crl. Complaint bearing no.9321/2019 titled as Shipali Shanna versus Gaurav Sharma & others and the said complaint be dismissed. 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 17/08/2026 at 11:18:27 (c) Cost of the petition may also be pass�d in favour of the petitioners and against the respondents. (d) Any other further order, which this Hon'ble court may deem fit and proper may also be passed in favour of the petitioners and against the respondent.” 2. Heard learned counsel appearing on behalf of the petitioners. 3. The Court has also perused the impugned judgment dated 15.07.2026 passed by learned Special Judge (NDPS)-02, Dwarka Courts, New Delhi. In view of the findings rendered in paragraph nos. 16 and 17 thereof, the Court finds that no interference is called for. For the sake of clarity, paragraph nos. 16 and 17 thereof, are extracted as under:- “16. No doubt, the judgments relied upon by the petitioners clearly lay down that the limitation to file an appeal against any order or judgment of the family court is 3 0 days, but the judgment would also show that a party cannot solemnize 2nd marriage after gaining knowledge about the filing of the appeal before the Hon'ble High Court challenging the decree of divorce. It is not necessary that a stay is granted by the High Court and merely having knowledge qua filing of the appeal is sufficient to put an estoppel upon a party to solemnize 2nd marriage till the outcome of the said appeal. Once a bar is put on the husband to solemnize the 2nd marriage owing to the filing of appeal against the divorce decree, he cannot be allowed to raise the plea that there was no subsisting marriage with the earlier wife so as to bar him to solemnize second marriage. 17. It is rightly observed by the Ld. Trial Court that the factum of filing of appeal came into the knowledge of petitioner no. 2 on 21.11.2013 and constructive knowledge of the same can be attributed to the other two petitioners being son and wife of petitioner no.2 and all of them participated in solemnizing the 2nd marriage of petitioner no.1 with one Saraswati on 13.12.2013.” 4. Even otherwise the matter is at the stage of framing of charges. The aspects, which have been pointed out by the petitioners, will have to be considered during the course of trial depending upon the evidence whether its oral or documentary. 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 17/08/2026 at 11:18:27 5. With these observations, the instant petition stands dismissed. 6. All rights and contentions are left open. PURUSHAINDRA KUMAR KAURAV, J AUGUST 13, 2026 Nc 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 17/08/2026 at 11:18:27