Wg Cdr Naved Alam (Retd) v. Sameena Begum

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.(MAT.) 192/2026 WG CDR NAVED ALAM (RETD) .....Petitioner Through:

Counsel (appearance not given) versus SAMEENA BEGUM .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 10.04.2026 CRL.M.A. 10979/2026 (exemption) CRL.M.A. 11160/2026 (exemption) Exemptions granted, subject to just exceptions. The applications stand disposed-of.

CRL.REV.P.(MAT.) 192/2026 & CRL.M.A. 10978/2026 (stay) By way of the present petition filed under section 438 read with section 442 of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS') read with section 19(4) of the Family Courts Act 1984, the petitioner impugns order dated 14.01.2026 passed by the learned Family Court-02, East District, Karkardooma Courts, Delhi in MT No.571/2024, awarding interim maintenance in the sum of Rs.50,000/- per month in favour of the respondent (wife) from the date of the filing of the application till the disposal of the petition. 2.

A perusal of the impugned order would show that the amount has been awarded merely on a decision on the interim application; and the CRL.REV.P.(MAT.) 192/2026 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 27/04/2026 at 11:59:18

main petition filed under section 144 of the BNSS is still pending consideration before the learned family court. 3.

The impugned order further records that maintenance, if already received/ordered in pursuance to any order/judgment by any court, will be adjusted against the amount of maintenance awarded by the learned family court; and that interim maintenance has been awarded on a prima-facie view of the matter, with the merits of the matter yet to be considered by the learned family court. 4.

In view of the above as also section 438(2) of the BNSS, this court is of the view that the interim maintenance is by way of an interlocutory order; and accordingly, this court is not inclined to entertain the present petition, which is disposed-of at the stage of issuance of notice itself, granting to the petitioner liberty to raise all his rights and contentions before the learned family court, as may be permissible, in accordance with law.

5.

In view of the above, the petition stands disposed-of. 6.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J APRIL 10, 2026 ss CRL.REV.P.(MAT.) 192/2026 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 27/04/2026 at 11:59:18