Shri Avhsesh Kumar Pundir v. Smt. Rajni Kumari & ORS.

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 222/2023, CRL.M.A. 927/2023 and CRL.M.A. 19358/2023 SHRI AVHSESH KUMAR PUNDIR .....Petitioner Through: Mr.Arpit Sharma and Ms.Niharika Ahluwalia, Advocates versus SMT. RAJNI KUMARI & ORS.

.....Respondents Through: Respondent No.1 through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 20.09.2024 1.

By way of present petition, the petitioner seeks to assail the order dated 21.01.2022 passed in Complaint Case No.228/2019 titled "Smt. Rajni Kumari & Ors. vs. Sh. Avhsesh Kumar Pundir", initiated by the respondent seeking maintenance under Section 125 Cr.P.C. 2.

Apparently, the impugned order relates to the grant of only ad-interim maintenance. Concededly, the interim maintenance application is still pending consideration.

3.

A perusal of the proceedings before this Court would show that on 13.01.2023 while noting the submissions, the Court had directed the petitioner as an interim measure to pay an amount Rs.6,000/- per month to the respondents and clear the arrears within four months. The petitioner is stated to be working as a Home Guard with Delhi Police on a daily wage basis. Respondent No.1 has joined the proceedings through V.C. and submits that the petitioner complied with the said order only for one or two 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 01/10/2024 at 11:31:29

months and by now substantial arrears have accrued. 4.

Keeping in view the above and in light of the fact that the impugned order is only qua the ad-interim maintenance and the application for interim maintenance is still pending before the learned Trial Court, no interference is required in the impugned order. Consequently, the petition is dismissed alongwith the pending applications.

5.

However, it is clarified that this Court has not expressed any opinion with regard to the quantum of maintenance, and that in case at the time of disposal of the maintenance petition, the Trial Court comes to the conclusion that the respondent is entitled to lesser or higher maintenance, it would be at liberty to grant such adjustments of the arrears either way. MANOJ KUMAR OHRI, J SEPTEMBER 20, 2024 na 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 01/10/2024 at 11:31:29