CRL.REV.P.(MAT.) 562/2026 Page 1 of 4 $~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010448462026 + CRL.REV.P.(MAT.) 562/2026 VIRENDER SIWACH .....Petitioner Through: Mr. Anikt Jain, Adv. versus SONI SIWACH & ORS. .....Respondents Through: none. CORAM: HON’BLE MS. JUSTICE MADHU JAIN O R D E R % 21.09.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 29285/2026 2. Allowed subject to all just exceptions.
The application stands disposed of CRL.M.A. 29288/2026 (for additional document) 3. The present application has been filed under Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), seeking to place on record certain additional documents.
4. For the reasons stated in the application, the same is allowed. Let the same be taken on record.
5. Accordingly, the application is disposed of.
CRL.M.A. 29286/2026 (delay) 6. The present application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 237 days in filing the present revisionThis is a digitally signed order. 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 22/09/2026 at 02:39:36 CRL.REV.P.(MAT.) 562/2026 Page 2 of 4 petition.
7.
For the reasons stated in the application, the delay is condoned. The application is disposed of. CRL.REV.P.(MAT.) 562/2026 & CRL.M.A. 29287/2026 (SEEKING AD- INTERIM STAY) 8. The present petition has been filed by the petitioner/revisionist challenging the order dated 08.10.2025 passed by the learned Principal Judge, Family Court, District East, Karkardooma Courts, Delhi in MT Case No.321/2022, titled “Soni Siwach & Ors. v.
Virender Siwach”, whereby maintenance of ₹4,400/- per month was awarded to each of the respondents.
9. The marriage between the petitioner and respondent no.1 was solemnised on 20.06.2014. Two children were born from the marriage, a minor daughter on 18.09.2015 and a minor son on 26.07.2016.
10. On 13.07.2020, the petitioner instituted divorce proceedings before the Family Court at Maham, Rohtak, Haryana.
The proceedings culminated in a decree of divorce dated 20.09.2024.
11. In the meantime, respondent nos.1 to 3 instituted proceedings under Section 125 Cr.P.C. before the Family Court, Karkardooma Courts, seeking maintenance of ₹30,000/- per month. The petitioner did not appear before the Family Court and was proceeded ex parte on 22.11.2022.
12. The learned Family Court, after recording the evidence of respondent no.1, passed the impugned ex parte order dated 08.10.2025 and awarded maintenance of ₹4,400/- per month to each of the respondents.
13.
Thereafter, an execution petition was filed for enforcement of the maintenance order. The petitioner subsequently filed an application for setting aside the ex parte order, which is stated to be pending before the learnedThis is a digitally signed order. 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 22/09/2026 at 02:39:36 CRL.REV.P.(MAT.) 562/2026 Page 3 of 4 Family Court.
The present revision petition has been filed challenging the order dated 08.10.2025.
14. Learned counsel for the petitioner submits that respondent no.3, the minor daughter of the petitioner, has been residing with the petitioner since the parties started living separately. It is submitted that despite the same, maintenance has been awarded to her along with respondent nos.1 and 2.
15. Learned counsel relies upon the Aadhaar Card and the certificate issued by the school of respondent no.3, filed along with the petition, in support of the petitioner’s contention regarding her residence with him.
16.
It is further submitted that respondent no.1 had also filed the execution petition, being Ex.Crl./694/2025, for execution of the maintenance order on behalf of all the respondents, including respondent no.3. The said execution proceedings are stated to be pending before the learned Principal Judge, Family Court, District East, Karkardooma Courts.
17. It is noticed that respondent no.3 has been arrayed as a proforma respondent in the present petition and, as per the case set up by the petitioner, has been residing with him.
There is no appearance on behalf of the respondents today.
18. Prima facie, in view of the documents relied upon by the petitioner regarding the residence of respondent no.3 with him, the operation of the impugned order, insofar as it grants maintenance to respondent no.3, is directed to remain in abeyance till the next date of hearing. Consequently, the execution proceedings in Ex.Crl./694/2025 shall also remain stayed to the said extent.
19.
The maintenance awarded to respondent nos.1 and 2 under the impugned order shall continue.This is a digitally signed order. 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 22/09/2026 at 02:39:36 CRL.REV.P.(MAT.) 562/2026 Page 4 of 4 20. Upon petitioner taking steps, issue notice in the present petition as well as in the application seeking stay of the execution proceedings i.e., CRL.M.A. 29287/2026, by all permissible modes including electronic mode, returnable on 08.10.2026.
21.
Let the electronic Trial Court Record (e-TCR)) be requisitioned before the next date of hearing.
22. Needless to say, the observations made herein are only prima facie in nature and shall have no bearing on the final adjudication of the present petition.
23. List the matter on 08.10.2026.
24. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 21, 2026/ys/PThis is a digitally signed order.
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 22/09/2026 at 02:39:36