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High Court of DelhiCRL.M.C./9006/2025

Shri Sunil Kumar Sharma v. State NCT Of Delhi And ANR.

2025-12-17Hon'Ble Mr. Justice Amit Mahajan2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9006/2025 SHRI SUNIL KUMAR SHARMA .....Petitioner Through:

Mr. Amanpreet Singh, Mr.

Manas Rao & Mr. Kanwal Nair Singh, Advs.

versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Raj Kumar, APP for the State

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 17.12.2025 1.

By way of the present petition, the petitioner seeks quashing of proceedings filed by his grandson and Daughter-InLaw under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') seeking grant of maintenance. 2.

The learned counsel for the petitioner submits that the son of the petitioner expired on 14.01.2025.

3.

He submits that even though it may be a moral responsibility of a grandfather to look after his grand child, however, no maintenance can be sought by invoking Section 144 of the BNSS.

4.

The learned counsel for the petitioner relies upon the judgment in the case of Abdul Khader v. Tasleem Jamela Agadi and Others : RPFC No. 100026 of 2022.

5.

Concededly, no order has been passed by the learned Family Court as yet and only notice has been issued. The 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 19/12/2025 at 13:09:02

learned Family Court will consider the arguments raised by the petitioner and will pass an appropriate order. 6.

Considering that the petitioner is a resident of Gujarat, the learned Family Court is directed to decide the issue of maintainability expeditiously without granting any unwarranted adjournments to any of the parties.

7.

Till such time the issue of maintainability is decided by the learned Family Court, the petitioner is permitted to appear through video-conference before the learned Family Court. 8.

The present petition is disposed of with the aforesaid observations. Pending Application(s). if any, also stand disposed of.

AMIT MAHAJAN, J DECEMBER 17, 2025 "SS"

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 19/12/2025 at 13:09:02