Irina Singh Vs Sujjan Singh — Writ and Judicial Review | Punjab & Haryana HC (2025)

Irina Singh Vs Sujjan Singh — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Direction issued to the learned Civil Judge (Junior Division), Chandigarh to decide execution application bearing No.Civil Misc.185/2024 dated 29.04.2024 titled Irina Singh Vs. Sujjan Singh as expeditiously as possible, keeping in view the law laid down by the Hon'ble Supreme Court in Periyammal (dead) through LRs and others Vs. V. Rajamani and others, 2025 INSC 329 and Rahul S. Shah Vs. Jitendra Kumar Gandhi, (2021) 6 SCC 418; pending miscellaneous application(s), if any, also disposed of.

Issue for consideration

Whether the learned Civil Judge (Junior Division), Chandigarh should be directed to decide execution application No.Civil Misc.185/2024 dated 29.04.2024 titled Irina Singh Vs. Sujjan Singh within a time-bound period, as per the law laid down by the Hon'ble Supreme Court in Periyammal (dead) through LRs and others Vs. V. Rajamani and others, 2025 INSC 329 and Rahul S. Shah Vs. Jitendra Kumar Gandhi, (2021) 6 SCC 418.

Court's answer

The Court considered the petitioner's prayer - a direction to the Executing Court to decide the execution application in a time-bound manner - to be innocuous.

Ratio / Principle

The instant revision petition is disposed of with a direction to the learned Civil Judge (Junior Division), Chandigarh to decide execution application bearing No.Civil Misc.185/2024 dated 29.04.2024.

Key takeaways

The execution application is to be decided as expeditiously as possible, keeping in view the law laid down by the Hon'ble Supreme Court in Periyammal (dead) through LRs and others Vs. V. Rajamani and others, 2025 INSC 329.ratio¶10
The direction equally requires the execution application to be decided keeping in view the law laid down by the Hon'ble Supreme Court in Rahul S. Shah Vs. Jitendra Kumar Gandhi, (2021) 6 SCC 418.ratio¶10
Miscellaneous application(s), pending if any, also stand disposed of.ratio

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Amarinder Singh Grewal, J., oral) - CR-5237-2025 (O&M), decided 06.08.2025. Irina Singh (petitioner, appearing in person) v. Sujjan Singh: revision petition under Article 227 of the Constitution of India read with Section 151 C.P.C. seeking a direction to the Civil Judge (Junior Division), Chandigarh to decide her execution application No.Civil Misc.185/2024 dated 29.04.2024 (Irina Singh Vs. Sujjan Singh) within a time-bound period, as per the law laid down by the Hon'ble Supreme Court in Periyammal (dead) through LRs and others Vs. V. Rajamani and others, 2025 INSC 329 and Rahul S. Shah Vs. Jitendra Kumar Gandhi, (2021) 6 SCC 418. Background: petitioner and her minor daughter were thrown out of the matrimonial home on 04.05.2018; interim maintenance of Rs.80,000/- per month was awarded on 14.02.2022 under Section 18 read with Section 23, Hindu Adoption and Maintenance Act, 1956, and modified by this Court to be payable from the date of filing of the application; the execution application claiming arrears of Rs.26,55,000/- plus interest @ 5% per annum on default is pending before the Executing Court since 29.04.2024. Holding: treating the prayer as innocuous, the petition was disposed of with a direction to decide the execution application as expeditiously as possible in view of the two Supreme Court rulings; pending miscellaneous application(s), if any, also disposed of.

CR-5237-2025 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

116 CR-5237-2025 (O&M) Date of Decision:06.08.2025 Irina Singh ... Petition e r Versus Sujjan Singh ... Respond e nt CORAM : HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: M s . Irina Singh, petitioner in pers o n. *******

AMARINDER SINGH GREWAL, J. (ORAL)

T h e present revision petition ha s been preferred by the petiti o ner under Article 2 27 of the Constitution of Indi a read with Section 151 C.P.C . for issuing direction to the learned Civil Judge (Ju n ior Division), Chandigarh to decide the execution a pplication bearing No.Civil Mi s c.185/2024 dated 29.04.2024 t i tled as Irina Singh Vs. Sujjan Singh within a tim e bound period, as per the law laid down by the H on’ble Supreme Court in Pe r iyammal (dead) through LRs and others Vs. V. R a jamani and others 2025 INSC 329 and Rahul S. Shah Vs. Jite n dra Kumar Gandhi (2021) 6 SCC 418.

T h e petitioner, who is appearing in person, submits that she a l ong with her min o r daughter were thrown out of the matrimonial home by the respondent-hus b and and his parents on 04.05.2018. Thereafter, she preferre d an application see k ing interim maintenance for h e rself and her minor daughter u n der Section 18 rea d with Section 23 of the Hindu A doption and Maintenance Act, 1 956 wherein the learned Civil Judge (Junior Division), Chandigarh awa r ded Rs.80,000/- pe r month to the petitioner and he r daughter with effect from the date of order i.e. 14 . 02.2022, which order was mod i fied by this Court to the extent that the interim ma i ntenance so fixed, shall be pa y able from the date of filing o f the

PANKAJ KUMAR 2025.08.08 11:07 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

CR-5237-2025 (O&M) -2-

application an d not from the date of passing of the order. On 29.04.2024, the petitioner mov e d an execution application seek i ng execution of the order of int e rim maintenance a n d for recovery of arrears of Rs . 26,55,000/- plus interest @ 5 % per annum on the a mount of maintenance in case o f default of payment of mainten a nce on 10^th of ev e ry month. It is further sub m itted that the aforesaid exec u tion application is pending consideration before t he learned Executing Court since 29.04.2024 an d therefore, she has sought direction to be issued to the Exec u ting Court to deci d e the execution application in a time bound manner by placing reliance upon t h e judgments passed by the Ho n ’ble Supreme Court in Periya m mal (dead) through LRs and others Vs. V. Rajam a ni and others 2025 INSC 329 and Rahul S. Shah V s. Jitendra Kumar Gandhi (20 2 1) 6 SCC 418. 3. I h ave heard the petitioner and p erused the case file with her able assistance.

K e eping in view the fact that th e prayer sought by the petition e r is innocuous, the instant petition is disposed of w ith a direction to the learned C ivil Judge (Junior D ivision), Chandigarh to decid e the execution application be a ring No.Civil Misc. 1 85/2024 dated 29.04.2024 title d as Irina Singh Vs. Sujjan Sin g h as expeditiously a s possible, keeping in view t h e law laid down by the Ho n ’ble Supreme Court in Periyammal (dead) through L Rs and others Vs. V. Rajamani and others 2025 I N SC 329 and Rahul S. Shah Vs. Jitendra Kumar Gandhi (2021) 6 SCC 418.

M i sc. Application(s), pending if a n y, also stands disposed of.

August 06, 202 5	(A MARINDER SINGH GREWA JUDGE L)
Pankaj*	Whether speaking/reasoned : Yes/No
	Whether reportable : Yes/No

PANKAJ KUMAR 2025.08.08 11:07 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh