Ms Roya Shams Vs Mr Syed Mohammad Ali — Writ and Judicial Review | Delhi HC (2026)

Ms Roya Shams Vs Mr Syed Mohammad Ali — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn and disposed of; petitioner granted liberty to move an appropriate application before the learned Family Court, which shall decide it in accordance with law; exemption application CM APPL 15624/2026 allowed and disposed of; remaining pending application(s) disposed of; copy of the order directed to the Judge, Family Court-02, SouthEast, Saket, Delhi, and dasti copy ordered.

Issue for consideration

Whether the High Court, in exercise of powers under Article 227, should stay the pronouncement of judgment in Divorce Petition No. 62 of 2018 pending before the Family Court, Saket, until the respondent clears the pending maintenance dues.

Court's answer

The present CM(M) petition is dismissed as withdrawn and disposed of accordingly; the merits of the stay prayer were not decided.

Ratio / Principle

The exemption application CM APPL 15624/2026 is allowed, subject to all just exceptions, and disposed of.

Key takeaways

Leave to withdraw was granted with liberty to the petitioner to move an appropriate application before the learned Family Court in accordance with law, and any such application shall be decided by the Family Court in accordance with law.ratio¶22
All pending application(s), if any, also stand disposed of.ratio¶25

Detailed headnote1 paragraphs

High Court of Delhi (Amit Sharma, J.), order dated 13.03.2026 in CM(M) 517/2026 with CM APPL. 15623/2026: The petitioner, Ms Roya Shams, filed a petition under Article 227 of the Constitution of India, 1950 praying for a stay of the pronouncement of judgment in Divorce Petition No. 62 of 2018 pending before the Judge, Family Court, Saket Court, New Delhi, until the respondent, Mr Syed Mohammad Ali, cleared all pending maintenance dues. Learned counsel placed reliance on the Kerala High Court decision in Maximus Fernandez v. Olga Fernandez, 2018 SCC OnLine Ker 3479 : (2018) 4 KLT 709. After some arguments, counsel sought leave to withdraw the petition with liberty to move an appropriate application before the learned Family Court. The Court allowed the exemption application CM APPL 15624/2026, dismissed the petition as withdrawn and disposed of it accordingly, observed that any application subsequently moved before the learned Family Court shall be decided in accordance with law, and disposed of all pending application(s). Copies were directed to the Judge, Family Court-02, SouthEast, Saket, Delhi, and a dasti copy was ordered. The stay prayer was not adjudicated on merits and the cited Kerala precedent was not engaged with by the Court.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M) 517/2026 & CM APPL. 15623/2026

MS ROYA SHAMS .....Petitioner Through: Mr. S.K. Sharma and Mr. Jiten Sharma, Advocates along with petitioner in person.

versus

MR SYED MOHAMMAD ALI .....Respondent

Through: None. CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 13.03.2026

This hearing has been done through hybrid mode.

CM APPL 15624/2026 (Exemption)

Allowed, subject to all just exceptions. Application is disposed of.

CM(M) 517/2026 & CM APPL. 15623/2026

The present petition under Article 227 of the Constitution of India, 1950, seeks following prayers:-

“a) Stay the pronouncement of judgment in Divorce Petition No. 62 of 2018 pending before the LD - judge Family Court, Saket Court, New Delhi till payment of all dues pending for maintenance are cleared by the respondent.

b) Pass any other order deemed fit in the interest of justice.”

Learned counsel for the petitioner places reliance upon a judgment of the Hon’ble Kerala High Court in Maximus Fernandez v. Olga Fernandez,

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 16/03/2026 at 17:06:45

2018 SCC OnLine Ker 3479: (2018) 4 KLT 709.

After some arguments, learned counsel of the petitioner seeks leave of this Court to withdraw the present petition, with liberty to move an appropriate application before the learned Family Court in accordance with law.

The present petition is dismissed as withdrawn and disposed of accordingly.

Needless to state that on an application being moved before the learned Family Court, the same shall be decided in accordance with law.

Pending application(s), if any, also stands disposed of.

Copy of the order be sent to learned Judge, Family Court-02, SouthEast, Saket, Delhi, for necessary information and compliance.

Copy of this order be given dasti under signature of Court Master of this Court.

Order be uploaded on the website of this Court, forthwith .

AMIT SHARMA, J

MARCH 13, 2026 /bsr

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 16/03/2026 at 17:06:45