High Court of DelhiCRL.REV.P./795/2019

Master Aryan v. Vikas Kumar

2025-04-30Hon'Ble Mr. Justice Sanjeev Narula3 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 795/2019 MASTER ARYAN .....Petitioner Through:

Appearance not given.

versus VIKAS KUMAR .....Respondent Through:

Mr. Prateek Tanwar, Advocate.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 26.05.2025 CRL.M.A. 16331/2025 (seeking modification of the order dated 30th April, 2025) 1.

The present petition had been filed assailing judgment dated 28th March, 2019, passed in M.T. No. 360/2014, whereby the Court of Additional Principal Judge, Family Court, West District, Tis Hazari Court, Delhi awarded the Petitioner INR 10,000/- per month from the date of filing of the petition till 31st March, 2019 and thereafter, INR 12,000/- per month till the Petitioner is legally entitled to receive the same. 2.

This Court, by order dated 30th April, 20251, disposed of the revision petition and directed as under:

<14.

Accordingly, the present petition is allowed. The maintenance 1 <impugned order= The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

amount awarded to the Petitioner is enhanced, and it is directed that the Respondent shall pay ₹12,000/- per month from the date of filing of the petition till 31st March, 2019, and thereafter, an ₹14,000/- per month from 1st April, 2019 until such time as the Petitioner remains legally entitled to receive maintenance. These amounts shall be remitted to the bank account of the Petitioner's mother, which shall be furnished to the Respondent within one week. Arrears arising from this re-computation shall be cleared by the Respondent within six months from the date of this order, in equal monthly instalments.= 3.

By way of the present application, the Petitioner seeks a clarification, stating that the amount of INR 12,000/- and INR 14,000/- mentioned in the afore-noted extract ought to be construed as being in addition to the amount earlier awarded by the Family Court. It is contended that the Petitioner was awarded INR 22,000/- per month from the date of filing of the petition to 31st March, 2024 and thereafter INR 24,000/- per month from 1st April, 2019 until such time as the Petitioner remains legally entitled to receive maintenance.

The Court has considered the afore-noted submissions but remains unconvinced. A bare reading of the impugned order makes it clear that this Court had not intended to award a sum of INR 12,000/- and INR 14,000/- in addition to the maintenance amount of INR 10,000/. The order was passed by way of enhancement of the maintenance amount, and not as a cumulative addition to the amount already awarded by the Family Court. The enhancement granted was reasoned and quantified as per this Court's determination of what would be appropriate in the facts and circumstances of the case. Thus, no case for modification or clarification of the order dated 30th April, 2025 is made out.

In the event the Petitioner is aggrieved by the extent of enhancement granted, she is free to take recourse to remedies as may be available in law. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Accordingly, the present application is disposed of. SANJEEV NARULA, J MAY 26, 2025 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.