Sunil Madan v. Rachna Madan & ANR.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.REV.P. 338/2024 SUNIL MADAN ..... Petitioner Through:

Mr. Trideep Pias, Sr. Adv. with Mr.

Dhruv Gautam, Mr. Tushar Tyagi, Mr. Gaurav Nagar and Ms. Gargi Sethi, Advs.

versus RACHNA MADAN & ANR.

..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 12.03.2024 CRL.M.A. 7640/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.REV.P. 338/2024 & CRL.M.A. 7641/2024 1.

Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. has been preferred on behalf of the petitioner for setting aside order dated 25.11.2023 passed by learned ASJ, South District, Saket Courts in Criminal Appeal No.185/2023, whereby the order passed by the learned Metropolitan Magistrate dated 01.06.2023 dismissing the application for reduction of interim maintenance was upheld.

2.

After partly making the submissions, learned senior counsel for the petitioner submits that since the amount of Rs.80,000/- towards residence and Rs.55,000/- towards maintenance of respondent is only by way of 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 15/03/2024 at 12:42:21

interim maintenance during the pendency of the proceedings under D.V. Act before learned M.M., petition may be disposed of with directions to the learned Trial Court to decide the amount of maintenance on final disposal, in the light of the evidence led on record on merits and without being influenced by the arrangement/findings for purpose of interim maintenance. 3.

Taking the statement of learned counsel for the petitioner on record, the Revision Petition is accordingly disposed of with directions to the learned Trial Court to decide the amount of maintenance on final disposal in the light of the evidence led on record on merits and without being influenced by the arrangement/findings for purpose of interim maintenance. Further, considering that the proceedings are pending since the year 2007, learned Trial Court is directed to make an endeavour to dispose of the petition expeditiously and preferably within a period of six months from the next date of hearing fixed before the learned Trial Court. Pending application, if any, also stand disposed of.

A copy of this order be forwarded to the learned Trial Court for information and compliance.

ANOOP KUMAR MENDIRATTA, J MARCH 12, 2024/akc 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 15/03/2024 at 12:42:21