Shikha Kanwar v. Rajat Kanwar

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1607/2025 SHIKHA KANWAR .....Petitioner Through:

Mr. Prashant Mahndiratta and Ms.

Neha Jain, Advs.

versus RAJAT KANWAR .....Respondent Through:

Mr. Sanjay Dewan, Sr. Adv.

alongwith Ms. Drishti Mittal and Mr. Nikhil Goel, Advs

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 21.11.2025 1.

The Hon'ble Division Bench of this Court vide order dated 24.09.2025 in CONT.CAS.(CRL)15/2023, had categorically noted in paragraph nos.5, 6 and 10 as under:- "5 Today, Mr. Sanjay Dewan, ld. Sr. Counsel has appeared for the Respondent/Contemnor and submits that insofar as the school fee of the children of the Petitioner and Respondent/Contemnor is concerned, the clear understanding as also the direction of this Court vide order dated 10th July, 2025 is that the Central Board of Secondary Education (hereinafter, 'CBSE') component of the fee shall be cleared qua both the children by the Respondent/Contemnor up to date. Insofar as any extra amount which may be charged by the school qua the International General Certificate of Secondary Education (hereinafter, 'IGCSE') fee is concerned, the same is to be borne by the Petitioner. Ms. Sudershani Ray, ld. Counsel for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Respondent/ Contemnor undertakes that the above shall be abided by his client and if any dues qua the school fee which he has to pay is outstanding the same shall be cleared within a week.

6. It is also submitted by Mr. Dewan, ld. Sr. Counsel that the said matter is also pending before the Executing Court and the Family Court. The above undertakings shall be noted by the concerned Courts and appropriate action in accordance with law shall be taken.

xxx xxx xxx

10. It is made clear that no further applications shall be entertained in this matter, without the same being allowed for listing by this Court. Any reliefs that parties wish to seek shall be sought before the concerned Family courts and Executing Court who shall deal with the grievances expeditiously so that the parties are not compelled to approach this Court."

2.

Thereafter, this Court is told that an application has been moved by the petitioner, and wherein the learned Mahila Court in CT CASES 910/2021 has passed an order on 06.10.20205 for considering the very same fact and thereafter passed the following directions on 14.10.2025 as under:- "Let Summons be issued to Principal/ Admin. Incharge of school i.e. Step by Step School, Plot A-10, Sector-132, Taj Expressway, Noida, UP- 201303, to file details of outstanding fees of Master Ranvir Kanwar S/o Sh. Rajat Kanwar till October, 2025 by the NDOH.

Further, let summons be also issued to Principal/ Admin. Incharge of School i.e. Step by Step School, Plot A10, Sector-132, Taj Expressway, Noida, UP- 201303, to file details of outstanding fees of Master Reyaan Kanwar S/o Sh. Rajat Kanwar till October, 2025 by the NDOH. Put up for arguments on interim maintenance/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

consideration on application u/s CPC r/w Section 20 & 23 DV Act seeking directions to respondent to pay outstanding fees of the minor children of the parties/consideration on misc. applications, filed by the respondent on 18.11.2025 at 03.00 pm (shortest possible date is given as per the roster of this court considering the heavy board of this court which is dealing with criminal cases for offences against women and DV cases and execution petitions arising out of jurisdictions of 10 police stations)."

3.

Considering the aforesaid directions passed by the Hon'ble Division Bench in paragraph no.10 vide order dated 24.09.2025 in CONT.CAS.(CRL) 15/2023 and that the similar issue is already pending before the learned Mahila Court, in presence of the learned counsel for the petitioner, the present petition is per se not maintainable. Even otherwise, it is too premature when the similar issue is already pending. 4.

In view of the aforesaid, the present petition stands dismissed. SAURABH BANERJEE, J NOVEMBER 21, 2025/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.