CRL.M.C. 7088/2026 $~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010454402026 + CRL.M.C. 7088/2026 with CRL.M.A. 29637/2026 and CRL.M.A. 29638/2026 GAGAN KHANNA .....Petitioner Through: Mr. Prosenjeet Banerjee, Sr. Adv. with Mr. Mohit Gupta, Ms. Anisha Gupta, Ms. Meenakshi Garg, Advocates versus SHIVANI DUA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 23.09.2026 CRL.M.A. 29637/2026 (exemption) 1. Allowed, subject to all just exceptions. CRL.M.C. 7088/2026 & CRL.M.A. 29638/2026 2. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’) seeking setting aside of the order dated 3rd July, 2026, passed by the Family Courts, North District, Rohini Courts, in execution proceedings. 3. Earlier, vide order dated 4th November, 2025, the Family Court had directed ad interim maintenance of Rs.25,000/- per month from the date of filing of the petition in favour of the respondent wife. The petitioner filed an 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 25/09/2026 at 11:13:08 CRL.M.C. 7088/2026 application seeking modification of the said order. The pleadings in the said application are complete. 4. The grievance of the petitioner is that while the Family Court is proceeding to execute the order dated 4th November, 2025, the application for modification has not been considered by the Family Court. It is stated that the execution proceedings as well as the application for modification are listed before the Family Court on 6th November, 2026. 5. In this view of the matter, this Court is of the view that the application for modification filed by the petitioner should be decided before 6th November, 2026, i.e. the date fixed in the execution proceedings. 6. None appears on behalf of the respondent despite advance notice. 7. Accordingly, the present writ petition is disposed of while granting liberty to the petitioner to approach the Trial Court for fixing of a date prior to 6th November, 2026, for deciding the aforesaid modification application. AMIT BANSAL, J SEPTEMBER 23, 2026 ds 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 25/09/2026 at 11:13:08