Ankit Gupta v. Tanu
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 73/2019 & CRL.M.As. 1272-1273/2019, 40068/2019, 9103/2022, 8538/2025 ANKIT GUPTA .....Petitioner Through:
Mr.
Gurmehar Sistani and Ms.
Natasha Thakur, Advocates.
versus TANU .....Respondent Through:
Appearance not given.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 20.03.2025 1.
The present revision petition is directed against the interim order dated 11th September, 2018 passed by the Family Court, Shahdara in CC No. 137/2017 whereby maintenance amount of INR 50,000/- was awarded to the Respondent from the date of filing of the petition i.e. 18th September, 2013. 2.
By way of an interim order, this Court on 21st January, 2019, directed as follows:
"CRL.REV.P. 73/2019 & Crl.M.A.1272-1273/2019 1.
Petitioner impugns order dated 11.09.2018 whereby the petitioner has been directed to pay monthly maintenance of Rs.50,000/- per month from the date of filing of the petition i.e. 18.09.2013. 2.
Learned counsel for the petitioner submits that the Trial Court has erred in not appreciating that the petitioner has suffered losses in the business and subsequently his Tax Payer Identification Number (TIN Number) has been revoked and as such he was not in a position to do any business. Learned counsel submits that today the arrears calculated at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the rate fixed by the Trial Court are approximately 35 lakhs. 3.
Issue notice, returnable on 29.03.2019.
4.
Subject to petitioner depositing 50% of the arrears within the period of time as granted by the Trial Court and continuing to pay 50% of the awarded amount per month to the respondent, execution of the impugned order shall remain stayed till the next date of hearing. 5.
Order dasti under the signature of the Court Master." 3.
By virtue of the aforenoted order, the Petitioner is paying maintenance of Rs. 25,000/- per month. The Court is apprised that the parties are still leading evidence before the Trial Court and the final order on maintenance is yet to be passed. In such circumstances, both the counsel have agreed that, without going into the merits of the case, which the Trial Court shall evaluate on the basis of the evidence adduced by the parties, the present petition be disposed of with suitable enhancements. 4.
Accordingly, the present petition is disposed of with the following directions:
i) The Petitioner shall pay an enhanced maintenance in the sum of INR 30,000/- per month w.e.f. 21st January, 2022 to the Respondent, which shall be increased to INR 35,000/- per month w.e.f 21st January, 2025 till such time the Trial Court takes a final view in the matter; ii) The arrears which fall due by virtue of this order, shall be cleared within a period of eight weeks from today;
iii) The Trial Court shall conclude the trial expeditiously. The parties shall not take unreasonable adjournments before the Trial Court. 5.
It is clarified that the Court has not commented on the merits of the case and the Trial Court shall decide the case on the basis of evidence The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
adduced by the parties. All rights and contentions of the parties are left open. 6.
With the above directions, the present petition along with pending applications, is disposed of.
SANJEEV NARULA, J MARCH 20, 2025 as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.