Aradhana Srivastava v. Vivek Virendra Singh

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1044/2025 ARADHANA SRIVASTAVA .....Petitioner Through:

Appearance not given.

versus VIVEK VIRENDRA SINGH .....Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 14.02.2025 C.M.APPL. 4806/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1044/2024 3.

The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter 'BNSS') has been filed on behalf of the petitioner, seeking following prayers:

"...a) Issuance of Directions for Speedy Trial in the nature of certiorari or any other appropriate writ, order, or direction to the Ld. Judge Family Court-01, South-East District, Saket Courts, New Delhi against Order dated 31.05.2025, to urgently hear and decide the Maintenance application MT. No 85 OF 2023 titled as "Aradhana Srivastava Vs Vivek Virendra Singh" in a time bound manner and redress the unnecessary delay in the administration of justice and the extreme financial 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 17/02/2025 at 17:25:47

hardships faced by the Petitioner and her minor children. b) Direct the Respondent to clear the arrears of maintenance, school and education fees, medical expenses of the minor children etc. immediately being duty bound as the father of the minor child..."

4.

The learned counsel appearing for the petitioner states that the petition was filed in the year 2023 and thereafter, the notice was issued on 02.03.2023 to the respondent. It is stated that application filed before the learned Trial Court for grant of maintenance has not been decided yet. 5.

This Court notices that the application for grant of maintenance is pending before the learned Trial Court for more than two years. 6.

The applications for grant of maintenance need to be decided urgently, considering the objective behind the enactment. The learned Trial Court is directed to decide the application for grant of interim maintenance within a period of one month from date.

7.

It is clarified that no adjournment shall be granted to either of the parties before the learned Trial Court.

8.

In view of the above, the present application stands disposed of. 9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 14, 2025/MR Click here to check corrigendum, if any 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 17/02/2025 at 17:25:47