Mohd Najam Khan v. Nazia Habib And ORS.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 559/2022 & CRL.M.A. 17230/2022, CRL.M.A. 17232/2022 & CRL.M.A. 17231/2022 MOHD NAJAM KHAN .....Petitioner Through:

In person versus NAZIA HABIB AND ORS.

.....Respondents Through:

Ms.

Reema Roy, Ms.

Neelima Bagoria and Md. Arif, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 21.08.2024 1.

Petitioner has approached this Court challenging the Orders dated 22.07.2022 & 23.05.2022, passed by the Family Court, Patiala House Courts, in MT No.150/2019, whereby the learned Family Court has passed the following Order:

"8.

Taking into consideration overall facts and circumstances of the case, interim maintenance of Rs.13,000/- per month is awarded to the Petitioners from the date of the application. If the respondent is able to prove after evidence that he had actually been giving money to the petitioners as claimed during oral arguments, adjustment can be made. Rs.5,000/- per month be treated as the share of the Petitioner No.1 and Rs.4,000/- each per month be treated as the share of Petitioner No.2 & 3. Respondent is also directed to pay a sum of Rs.11,000/- to the petitioners as litigation expenses. The arrears of maintenance be cleared by paying Rs. 5000/- per month along with the monthly 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 29/08/2024 at 12:25:46

maintenance till the arrears are cleared. The litigation expenses be paid along with the first monthly maintenance in pursuance of this order. The payment be made by depositing the amount in the bank account of the petitioner No.1 on or before 10th day of each month. The bank account details are mentioned in the income affidavit of petitioner no. 1."

2.

The said Order has been passed while fixing interim maintenance. Four years have passed and the Trial Court is still to conclude the proceedings under Section 125 Cr.P.C for deciding the final maintenance. 3.

The Petitioner, who appears in person, states that he would be satisfied with an Order directing the Trial Court to conclude the proceedings under Section 125 Cr.P.C as expeditiously as possible. 4.

Looking at the fact that the maintenance petition was filed in 2019 and five years have passed, this Court is inclined to direct the Trial Court to conclude the proceedings under Section 125 Cr.P.C within eight months from today.

5.

Both the parties are directed not to take any unnecessary adjournments so as to enable the Trial Court to conclude the proceedings under Section 125 Cr.P.C within the stipulated time. 6.

With these observations, the Petition is disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J AUGUST 21, 2024 Rahul 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 29/08/2024 at 12:25:46