Aftab Alam v. Mehnaz Begum

$~107 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.(MAT.) 300/2026, CRL.M.A. 17251/2026 AFTAB ALAM .....Petitioner Through:

Mr. Maroof Ahmad and Ms. Heena Parveen, Advs.

versus MEHNAZ BEGUM .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 26.05.2026 1.

By virtue of the present petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks the following reliefs:

"(a) Call for and examine the record of Ld. JMFC (Mahila Comi-01), N01ih-East District, KKD, Delhi, in Execution Petition No. Ex Crl- 51/2025 titled as Mehnaz Begum Vs. Aftab Alam & Others, before this Hon'ble Court for the purpose of satisfying itself as to correctness, legality or propriety of the finding as recorded by the d. JMFC (Mahila Court-01), North-East District, KKD, Delhi, vide impugned Orders dated 12.03.2026 and 02.05.2026 in the said proceedings;

(b) After examining the same, pass appropriate order(s) / direction(s) to set aside the impugned Orders dated 12.03.2026 and 02.05.2026 passed in Execution Petition No. Ex Crl- 51/2025 titled as Mehnaz Begum Vs. Aftab Alam & Others, by the Ld. JMFC (Mahila Court-01), NorthEast District, KKD, Delhi, on the grounds as mentioned herein above and in the interest of justice;" 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 29/05/2026 at 12:42:07

2.

At the outset, learned counsel for the petitioner submits that an ex parte Decree dated 18.03.2025 qua maintenance was passed against the petitioner, and consequently an execution of the same was filed by the respondent. Thence, he submits that the petitioner had moved an application under Section 28 of the Protection of Women against Domestic Violence Act, 2005 (PWD Act) on 25.04.2026. In the execution proceedings, the learned Executing Court vide order dated 02.05.2026, had categorically observed as under:- "It is made clear to the JD that the Court will hear his application under Section 28 of PWDV Act only after he appears physically."

3.

Based thereon, the learned counsel for the petitioner submits that the learned Executing Court could not have passed the same. 4.

In view of the aforesaid submissions, as also since it is in the interest of parties that the proceedings before the learned Executing Court continue further, issuance of notice to the respondent is dispensed with. 5.

Though this Court is not interfering with the direction for the petitioner to remain physically present on the next date of hearing vide order dated 02.05.2026 qua the execution proceedings, however, learned Executing Court is directed to proceed with hearing the application made under Section 28 PWD Act, de hors securing the presence of the petitioner physically as he is allowed to appear through VC. 6.

The present petition, along with the pending application, is disposed of with the aforesaid directions.

SAURABH BANERJEE, J MAY 26, 2026/Ab 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 29/05/2026 at 12:42:07