Soniya v. Union of India and Ors

Delhi High Court · 09 Oct 2025 · 2025:DHC:9009-DB
C. Hari Shankar; Om Prakash Shukla
W.P.(C) 7672/2025
2025:DHC:9009-DB
constitutional petition_dismissed

AI Summary

The Delhi High Court held that execution of a maintenance order cannot be sought by a writ petition under Article 226 and must be pursued through execution proceedings.

Full Text
Translation output
W.P.(C) 7672/2025
HIGH COURT OF DELHI
W.P.(C) 7672/2025 & CM APPL. 62956/2025
SONIYA .....Petitioner
Through: Mr. Kamlesh Kumar Mishra, Ms. Renu, Ms. Mansi, Mr. Swagat Gupta and Ms. Kusum, Advs.
VERSUS
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Bhagwan Swaroop Shukla CGSC
WITH
Ms. Priya Dwivedi and Mr. Mukesh Kumar Pandey, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
09.10.2025 C. HARI SHANKAR, J.
JUDGMENT

1. Prayer (i) in this writ petition, which sought a direction to the respondents to frame Rules, was given up by Mr. Kamlesh Kumar Mishra, learned counsel for the petitioner yesterday.

2. Prayer (ii) in this writ petition is effectively for the execution of an order dated 22 January 2025 passed by the JMFC (Mahila Court-

04) South West District, Dwarka in MC No. 61/2023 directing payment of maintenance.

3. Execution of an order of the JMFC directing payment of W.P.(C) 7672/2025 maintenance cannot be sought under Article 226 of the Constitution of India.

4. The remedy with the petitioner, if any, would lie in execution proceedings.

5. Accordingly, reserving liberty with the petitioner to take appropriate proceedings in accordance with law, this writ petition is dismissed as not maintainable.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J. OCTOBER 9, 2025