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High Court of DelhiCRL.REV.P./475/2023

Atish Gaur, v. Mrs. Pinky Gaur,

2024-04-25Hon'Ble Mr. Justice Amit Mahajan2 pages

$~58 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P.

475/2023 & CRL.M.A.

11215/2023, CRL.M.A.

11216/2023, CRL.M.A.

11264/2023, CRL.M.A. 27581/2023 ATISH GAUR, ..... Petitioner Through:

Ms. Anuja Sinha, Ms. Tanya Gupta and Ms. Aditi, Advs.

versus MRS. PINKY GAUR, ..... Respondent Through:

Mr.

Irfan Khan, Adv.

(through VC)

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 25.04.2024 1.

The present petition is filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 challenging the order dated 15.12.2022 (hereafter 'impugned order'), passed by the learned Family Court, North-East District, Karkardooma Courts, Delhi, in MT No. 581/2021.

2.

It is pointed out that the matter is now listed for final arguments before the learned Trial Court.

3.

The impugned order was passed awarding interim maintenance to the respondent till the pendency of the final decision in the application filed by the respondent for grant of maintenance.

4.

The learned counsel for the petitioner submits that the order for interim maintenance was passed without properly assessing the income of the petitioner.

5.

Since the matter is now listed for final arguments, this Court 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 29/04/2024 at 12:29:49

does not consider it apposite to interfere with the order granting interim maintenance to the respondent. Any amount which is paid by the petitioner pursuant to the impugned order would be adjusted in any final order that may be passed by the learned Trial Court after hearing both the parties.

6.

The learned Trial Court is also directed to pass the final order uninfluenced by any observation that has been given by the learned Trial Court while passing the order of interim maintenance. 7.

The present petition is disposed of in the aforesaid terms. AMIT MAHAJAN, J APRIL 25, 2024 'KDK'

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 29/04/2024 at 12:29:49