Akash Singh v. Kanchan Singh

1. These matters have been taken up in this post lunch session. The petition Crl. M.C. 3990/2026 was pending before a co-ordinate bench and has been transferred to this bench because the other petition filed earlier in point of time was already listed before this bench.

2. It appears that the petitioner tried to play fraud with this Court by filing these two petitions.

3. The petition Crl. Rev. P. (MAT) 463/2025 was listed before the predecessor bench on 17.10.2025 for the first time and was adjourned to 09.02.2026. In the said petition, the petitioner challenged the grant of interim maintenance. No interim relief was granted in the said petition.

4. Thereafter, the petitioner filed the other petition invoking inherent jurisdiction of this Court for setting aside issuance of non-bailable warrants by the execution court and at the same time also sought stay of the execution proceedings.

5. Practically both petitions dealt with the issue of interim maintenance. But in the second petition (which has been received today by transfer), the petitioner concealed having filed the earlier petition in which no interim relief was granted.

6. Today, at the outset, learned counsel for petitioner sought permission Date: 2026.05.22 15:41:59 +05'30' to withdraw the Crl. Rev. P. (MAT) 463/2025 with liberty to file afresh, stating that there were some clerical errors. But on scrutiny of both petitions, it came out that the petitioner tried to hoodwink both benches of this Court in order to obtain interim relief by concealment.

7. Considering the overall circumstances, both these petitions are dismissed with total cost of Rs. 20,000/- to be deposited by the petitioner within one week with DHCLSC. Accompanying applications also stand disposed of.

8. For compliance of order regarding the cost, copy of this order be sent to the execution court.

GIRISH KATHPALIA (JUDGE) MAY 22, 2026