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Interim Order 5

CNR DLCT01008484202524 Jul 2026
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Interim Order 5 · 24 Jul 2026 · CNR DLCT010084842025

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA 227/2025
ANKIT JAIN Vs. APARAJITA JAIN
24.07.2026
Present: Sh. Aman Chawla, Ld. Counsel for the appellant.
Sh.Naveen Gupta and Ms. Monika, Ld. Counsel for
the respondent.
Ld. counsel for the respondent submits that no reply
to the appeal is intended to be filed and he will address the
arguments directly.
Ld. counsel for the parties shall file hard copies of
the judgment relied upon by them.
Put up on 29.09.2026 for arguments.
Arguments on the application for stay of trial court
proceedings have been heard.
Put up for order at 4:00 p.m.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
24.07.2026
At 4:00 p.m.
Order
This order shall dispose of an application filed on behalf of
the appellant seeking stay of the proceedings pending before the
ld. trial court. It is stated in the application that the ld. trial court
has held that it has the territorial jurisdiction to proceed with the
present case; the respondent is seeking interim relief despite that
the respondent has admittedly drawing a monthly salary of
Rs.90,000/-; she is financially independent and there is no
genuine exigency; continuation of the proceedings before the
trial court would result in prejudice, harassment and irreparable
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injury.
Arguments on the said application have been heard.
Ld. counsel for the appellant submitted that the
expenses of the respondent are less than her income and no
prejudice will be caused to her if the proceedings before the trial
court are stayed. Ld. Counsel for the respondent, on the other
hand, submitted that the respondent had not made any payment
till date despite the application being pending for the several
years; he submitted that the respondent is to look after her father
who is bed ridden and the accused is earning more than Rs.12
Lacs in a month.
I have considered the rival submissions. No
prejudice will be cause to the appellant if the proceedings before
the ld. trial court are proceeded further; the arguments of the ld.
counsel for the appellant are essentially arguments against the
grant of maintenance which can be made before the ld. trial
court; even delay in filing of the present appeal has not been
condoned till date.
Accordingly, no ground to stay the trial court
proceedings is made out and accordingly, the application is
dismissed.
Copy of order be given dasti.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
24.07.2026
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