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Urmila Negi vs. Dinesh Singh Negi

Civil Miscellaneous (Main) Petition · 2026:DHC:7687Decided 9 Sept 2026New Delhi Bench
CM(M) 1987/2026CNR: DLHC010425522026
Justice Harish Vaidyanathan Shankar

Background

The petitioner-wife had obtained an interim maintenance order from the Family Court and filed execution proceedings when her husband failed to pay. Despite the husband being served and appearing through counsel, the Family Court had not passed any effective order to enforce payment and instead adjourned the matter for about four months, to be heard along with the main divorce proceedings. The wife approached the High Court under Article 227, arguing this delay would cause her serious prejudice given the maintenance was for her basic sustenance.

Decision Breakdown

The High Court held that regulating the day-to-day listing schedule of a subordinate court is not something it can interfere with under its supervisory Article 227 jurisdiction, absent a jurisdictional error, patent illegality, or perversity: none of which was shown here. The Court noted the wife's proper remedy was to apply directly to the Family Court itself for an earlier date, and directed the Family Court to favourably consider such an application if made. The petition was dismissed, but the Family Court was requested to expedite the matter.

Lesson Learnt

A High Court exercising supervisory jurisdiction will generally not interfere just because a lower court adjourned a case to a distant date: parties should first seek an expedited hearing or preponement directly from the trial court before escalating to the High Court.

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