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High Court of DelhiCRL.REV.P./695/2024

Deepak Soni Alias Deepak Kumar Soni v. Sandhya

2024-05-22Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.

695/2024, CRL.M.A.

16111/2024, CRL.M.A.

16112/2024, CRL.M.A. 16114/2024 DEEPAK SONI ALIAS DEEPAK KUMAR SONI ..... Petitioner Through:

Mr. Nitin Singh, Mr. Ambuj Agarwal and Mr. Rajesh Dubey, Advs.

versus SANDHYA ..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 22.05.2024 CRL.M.A. 16113/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.A. 16114/2024 Application under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner/applicant for condonation of delay of 33 days in re-filing the revision petition. For the reasons stated in the application, delay of 33 days in re-filing the revision petition is condoned.

Application is accordingly disposed of.

CRL.M.A. 16112/2024 Application under Section 5 of Limitation Act has been preferred on behalf of the petitioner/applicant for condonation of delay of 309 days in filing the revision petition.

CRL.REV.P. 695/2024 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 02/07/2025 at 13:34:53

For the reasons stated in the application, delay of 309 days in filing the revision petition is condoned.

Application is accordingly disposed of.

CRL.REV.P. 695/2024 & CRL.M.A. 16111/2024 1.

Criminal Revision Petition under Section 397 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner (husband) for setting aside order dated 13.02.2023 passed by learned Judge, Family Court-01, Dwarka, New Delhi, whereby the maintenance was awarded @ Rs.5000/- per month to the respondent (wife) during her lifetime or till she remarries.

2.

Learned counsel for petitioner submits that in view of observations made in paragraph 17 of judgment dated 27.07.2023 passed by learned Principal Judge, Family Court District Bhopal, whereby divorce has been granted on petition preferred on behalf of the petitioner under Section 13 of the HMA Act, the petitioner is not liable to pay maintenance and the same needs to be modified.

3.

After partly making the submissions, learned counsel for the petitioner seeks to withdraw the petition with liberty to prefer appropriate proceedings before the learned Trial Court under Section 127 of Cr.P.C. 4.

Taking the statement of learned counsel for the petitioner on record, the petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J MAY 22, 2024/akc CRL.REV.P. 695/2024 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 02/07/2025 at 13:34:53