Sunil Sharma v. Indu Sharma

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 104/2025, CRL.M.A. 581/2025 & CRL.M.A. 582/2025 SUNIL SHARMA .....Petitioner Through:

Ms. Meenu Duggal, Adv.

through V.C.

versus INDU SHARMA .....Respondent Through:

Mr. Atul Jain, Adv.

Ms. Richa Dhawan, Adv.

(Amicus Curiae)

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 10.12.2025 1.

The present petition was filed seeking quashing of the orders dated 13.12.2024 and dated 07.01.2025, wherein the arrest warrants have been issued against the Petitioner for not paying the maintenance amount.

2.

This Court had issued notice vide order dated 10.01.2025, in the present petition, considering that the matter relates to the matrimonial dispute and the payment of maintenance. 3.

During the course of the proceedings, the learned counsel for the respondent had stated that the Petitioner had not been paying the maintenance amount, despite the interim order and specific directions passed by this Court.

4.

However, the said fact was disputed by the learned counsel for the petitioner, who stated that the Petitioner has been regularly paying the maintenance amount and out of the total arrears, only an amount Rs. 50,000/- is left to be paid. 5.

In such circumstance, vide Order dated 19.05.2025, this Court had appointed Ms. Richa Dhawan as the Amicus Curiae to assist the Court by interacting with the parties and to make a report in regard to the amount paid to the respondent. 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 12/12/2025 at 12:32:12

6.

The learned Amicus Curiae states that, she had interacted with the parties, certain accounts of the parties were verified and it transpired that the maintenance amount had, in fact, been paid and a sum of ₹50,000/- is left unpaid.

7.

The averment made by the learned Amicus Curiae though is disputed by the respondent.

8.

Considering that the petition only relates to the challenge to the warrant of arrest in respect of non-payment of maintenance amount and the substantial amount seems to have been paid, the present petition is disposed of with the directions to the petitioner to clear the entire arrears within a period of six weeks. Hence, the impugned orders, to that extent, are set aside. 9.

Needless to say, that the respondent is at liberty to file an application seeking execution afresh, if the amount is not paid within a period of six weeks.

10.

It is made clear that as and when any such an application is filed, the learned Executing Court shall pass an order without being influenced by the observations made by this Court and decide the same on its own merits.

11.

This Court appreciates the efforts made by Ms. Richa Dhawan, Amicus Curiae who interacted with the parties on being requested by the Court.

12.

The Delhi High Court Legal Services Committee is directed to pay the fees of the learned Amicus Curiae as per its scheduled rates and rules.

13.

The petition, along with the pending application(s), if any, stands disposed of in the above terms.

AMIT MAHAJAN, J DECEMBER 10, 2025/"SK"

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 12/12/2025 at 12:32:12