Order 1

Order Details: COPY OF ORDER
Pdf Text: 5 CA No. 42/2026
Sandeep Dhawan Vs. Neha Dhawan
28.02.2026
Present : Ms. Geeta Bansiwal, Ld. Addl. P.P. for the State.
Sh. Sudhir Shokeen, Ld. Counsel for appellant.
1. The appellant (Respondent/Husband before the Ld.
Trial Court) has filed this appeal u/s 29 of the P.W.D.V. Act
against the Order dt.25.02.2026 passed by the Ld. Trial Court
upon an application u/s 21 r/w Sec. 23 of the PWDV Act filed by
the respondent (complainant/wife before the Ld. Trial Court) in
Court Case No.26763/2025.
2. Ld. Counsel for the appellant has pressed upon for an
ex-parte stay upon the operation of the impugned order.
3. Heard. Perused and considered.
4. Ld. Counsel submitted that the Ld. Trial Court by way
of impugned order has directed the appellant herein to handover
the custody of minor child to the respondent within two days. He
submitted that the Ld. Trial Court did not consider the welfare of
the child which is of the paramount consideration in such cases.
He further submitted that the appellant alongwith his reply to the
application of respondent had filed proof of violence by
respondent and her brother against the appellant and his family.
Ld. Counsel lastly submitted that in case the impugned order is
not stayed, the very purpose of filing this appeal would be
defeated.
5. I have perused the impugned order carefully. Ld. Trial
court has not only considered the welfare of the child but the fact
that it was only on 27.01.2026 that the appellant took the custody
of the child, was also considered. Moreover, the impugned order
is only temporary in nature. Further, the visitation rights atleast
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twice a week have also been granted to the appellant herein.
6. In view of the above, this Court is not satisfied that the
appellant has been able to make out a prima facie case for stay
upon the operation of the impugned order. The court is therefore
not inclined to grant an ex-parte stay upon the operation of the
impugned order.
7. Upon appellant taking steps within 7 days, issue notice
through ordinary process and speed post/RC to the respondent
returnable for 12.05.2026.
(Sachin Mittal)
ASJ-05/North-West District
Rohini Courts/Delhi/28.02.2026
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