Sh. Manav Thakkar v. Smt. Tithi Sen & ANR.

$~135 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 101/2024, CRL.M.A. 2124/2024 and CRL.M.A. 2125/2024 SH. MANAV THAKKAR ..... Petitioner Through: Mr.Ashok Sharma, Advocate versus SMT. TITHI SEN ..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 23.01.2024 1.

By way of present petition filed under Sections 397/401 Cr.P.C., the petitioner seeks to assail the order dated 21.10.2023 passed by the learned Judge, Family Court-01, Saket-South, Delhi whereby the petitioner has been directed to pay ad-interim maintenance @ Rs.10,000/- per month. 2.

In the impugned order, the trial court has noted that the petitioner has filed his income affidavit stating his monthly income to be Rs.95,000/-. In addition, he had undertaken to bear the educational expenses of the minor child. The respondent had also filed her income affidavit stating that she was not employed. The trial court also noted that in spite of various directions, the petitioner had failed to file his ITRs, bank statements and salary slip. The petitioner has annexed transfer order dated 30.12.2022 and release order 04.01.2023 to submit that the respondent was gainfully employed. The petition is accompanied by an income affidavit of the respondent which was 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 13/06/2024 at 12:14:07

filed on 04.08.2023 i.e., much before the aforesaid order wherein she has claimed to be not employed anywhere.

3.

Considering that vide the impugned order, the trial court has granted only ad-interim monthly maintenance that too @ Rs.10,000/- per month, this Court finds no ground to entertain the present petition. Accordingly, the same is dismissed alongwith the pending applications. In case, the petitioner gets hold of any other evidence, stating that the respondent is employed, he shall be at liberty to move the concerned Court to seek variance of the impugned order.

4.

A copy of this order be communicated to the concerned court. MANOJ KUMAR OHRI, J JANUARY 23, 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 13/06/2024 at 12:14:07