Deepak Tayal v. Shikha

$~119 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P.(MAT.) 256/2026 DEEPAK TAYAL .....Petitioner Through:

Mr. Aayushman Shukla, Advocate.

versus SHIKHA .....Respondent Through:

Mr. Kunal Negi, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 11.05.2026 CRL.M.A. 14735/2026 (exemption) CRL.M.A. 14736/2026 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The applications stand disposed of.

CRL.REV.P.(MAT.) 256/2026 & CRL.M.A. 14734/2026 (stay) By way of the present petition filed under section 397 of the Code of Criminal Procedure, 1973 ('Cr.P.C') read with section 438 of the Bharatiya Nagarik Suraksha Sanhita, the petitioner impugns order dated 07.03.2026 passed by the learned ASJ-05, South-West District, Dwarka Courts, New Delhi, whereby an appeal filed, challenging the order dated 23.08.2025 passed by the learned JMFC (Mahila Court )- 06, South-West District, Dwarka Court, New Delhi on an application under section 23 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act'), has been dismissed.

CRL.REV.P.(MAT.) 256/2026 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 15/05/2026 at 12:12:46

2.

By way of order dated 23.08.2025, the learned Mahila Court had directed the petitioner to pay Rs. 25,000/- per month interim maintenance in favour of the respondent (complainant) for the expenses of minor son from the date of the order until disposal of the case.

3.

The petition under section 12 of the DV Act in which the order was made under section 23 of the DV Act, is still pending before the learned Mahila Court; and is next listed on 20.05.2026, where the petitioner would have the opportunity of contesting the claims made by the respondent.

4.

In the circumstances, and in light of the provisions under section 397(2) of the Cr.P.C., this court is not inclined to entertain the present petition, which is disposed-of granting to the petitioner liberty to raise all his rights and contentions before the Mahila Court, as may be permissible, in accordance with law.

5.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MAY 11, 2026 V.Rawat CRL.REV.P.(MAT.) 256/2026 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 15/05/2026 at 12:12:46