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2026 DAILYLAW 18155 (DEL)

GURPREET SINGH v. AMRIT KAUR

CRL.REV.P.(MAT.)/543/2026 · 2026-09-14

Saurabh Banerjee

body2026

Judgment text

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$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010433362026 + CRL.REV.P.(MAT.) 543/2026, CRL.M.A. 28371/2026, CRL.M.A. 28372/2026 GURPREET SINGH .....Petitioner Through: Mr. Rishit and Mr. Navneet Singh, Advs. versus AMRIT KAUR .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 14.09.2026 1. By virtue of the present petition under Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner inter alia seeks setting aside of the impugned order dated 04.06.2026 passed by learned Judge, Family Court-01, West District, Tis Hazari Courts, Delhi (learned Family Court) in Misc. Case No.62/2023. 2. The impugned order under challenge is an interim order passed in an application under Section 127 of the Code of Criminal Procedure, 1973 filed by the petitioner before the learned Family Court way back on 04.12.2023, whereby it has been held that: “... ... In the given peculiar facts and circumstances, non-applicant cannot be made to suffer by staying the execution 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 16/09/2026 at 11:51:20 proceedings further. She cannot be stopped from enjoying the fruits of the judgment which is in her favour, and that too, passed after contesting the said petition. Hence, the order dated 01.04.2024 passed in the present matter shall no longer come in the way of execution petitions which are pending between the parties. The said stay order dated 01.04.2024 is hereby vacated. Now, the execution petitions including the execution petition no. 297/2023 and 45/2024, both titled as Amrit Kaur Vs Gurpreet Singh can be proceeded further as per law. .... ...” 3. That the learned Family Court has passed the aforesaid impugned order despite the earlier order dated 01.04.2024 wherein it has categorically been mentioned that “... ...there are variations in the entries in the Statement of Account filed by the petitioner/non-applicant and some record, brought by the official from the concerned bank before the concerned Court, the execution petition no. 297/2023 (August to November, 2023) and 45/2024 (December, 2023), are hereby stayed till NDOH”. 4. However, at the same time no party ought to be deprived of the maintenance, be it interim or final. As such, the petitioner is directed to pay the respondent Rs.7,000/- per month since and from 01.06.2026 till the adjudication of the application under Section 127 of the Code of Criminal Procedure, 1973 by the learned Family Court. 5. Moreover, considering the proceedings before the learned Family Court emanates from matrimonial disputes inter se the parties, the learned Family Court is requested to adjudicate the matter pending before him at the earliest, preferably on or before 31.03.2027, albeit, taking note of its current roster and board position. 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 16/09/2026 at 11:51:20 6. As such, the present petition, alongwith the pending application, is disposed. SAURABH BANERJEE, J SEPTEMBER 14, 2026/Ab 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 16/09/2026 at 11:51:20