Noor Hasan Vs Mrs. Nafisa & Ors. — Maintenance and Alimony | Delhi HC (2026)

Noor Hasan Vs Mrs. Nafisa & Ors. — Maintenance and Alimony | Delhi HC (2026)

What the court decided

AI extract

Outcome

Delay of about 23 days in filing condoned (CRL.M.A. 13874/2026 disposed of); revision petition disposed of without any observations on the merits, granting the petitioner liberty to raise all his rights and contentions before the learned Family Court as permissible in accordance with law; pending applications, if any, disposed of.

Issue for consideration

Whether the High Court should entertain the criminal revision petition against the interim maintenance order dated 09.12.2025, given that the impugned order is interlocutory in nature and section 397(2) CrPC applies while the section 125 CrPC petition is pending before the learned Family Court. +1 more

Court's answer

The impugned order dated 09.12.2025 is in the nature of an interlocutory order, inasmuch as the petition under section 125 CrPC is pending before the learned Family Court.

Ratio / Principle

For the reasons stated in the affidavit-supported application, the delay of about 23 days in filing the revision petition is condoned.

Key takeaways

In view of the interlocutory nature of the impugned order, and in light of section 397(2) CrPC, this court is not inclined to entertain the revision petition.ratio¶18

Detailed headnote1 paragraphs

Maintenance – Interim maintenance – Revision against interlocutory order not entertainable – Petition under S.483 BNSS impugning Family Court order dated 09.12.2025 directing husband to pay interim maintenance of Rs.8,000 per month to wife and children – Impugned order held interlocutory since S.125 CrPC petition pending before learned Family Court (next listed for respondents' evidence on 24.05.2026) – In light of S.397(2) CrPC, court not inclined to entertain revision – Petition disposed of without observations on merits, with liberty to petitioner to raise all rights and contentions before the learned Family Court – 23-day delay in filing condoned under S.5 Limitation Act 1963 r/w S.528 BNSS (Anup Jairam Bhambhani, J.).

$~118

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.REV.P.(MAT.) 245/2026 NOOR HASAN .....Petitioner Through: Mr. Mohammad Mustafa and Ms. Arpita Biswas, Advocates. versus MRS. NAFISA & ORS. .....Respondents Through:

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 04.05.2026

CRL.M.A. 13874/2026

By way of the present application filed under section 5 of the Limitation Act 1963 read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the petitioner seeks condonation of about 23 days’ delay in filing the criminal revision petition.

For the reasons stated in the application, which is duly supported by affidavit, the delay in filing the present revision petition is condoned.

The petition is taken on Board.

The application stands disposed-of.

CRL.REV.P.(MAT.) 245/2026 & CRL.M.A. 13873/2026 (for stay)

By way of the present petition filed under section 483 of the BNSS, the petitioner impugns order dated 09.12.2025, whereby the petitioner (husband) has been directed to pay interim maintenance at Rs.8,000/per month to the respondents, being his wife and children.

At the outset, it is noticed that the impugned order is in the nature of an interlocutory order inasmuch as the petition under section 125 of the Code of Criminal Procedure 1973 (‘Cr.P.C.’), is pending before

CRL.REV.P.(MAT.) 245/2026

Page 1 of 2

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 07/05/2026 at 12:21:42

the learned Family Court; and is listed next for respondents’ evidence on 24.05.2026.

In view of the above, in light of section 397(2) of the Cr.P.C. this court is not inclined to entertain the present petition.

The petition is accordingly disposed-of as such without making any observations on the merits of the matter; and granting to the petitioner the liberty to raise all his rights and contentions in the proceedings before the learned Family Court, as may be permissible, in accordance with law.

Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J

MAY 4, 2026 ds

CRL.REV.P.(MAT.) 245/2026

Page 2 of 2

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 07/05/2026 at 12:21:42