Amit Chawla v. Pooja Chawla & ANR.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4197/2022 & CRL.M.A. 21749/2022 AMIT CHAWLA ..... Petitioner Through:

Mr.Ashwin Kr. Nair, Mr.Sahil Mahajan and Mr.Abhimanyu Goel, Advs.

versus POOJA CHAWLA & ANR.

..... Respondents Through:

Mohd. Azhar and Mr.Sarthak Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 06.02.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, (in short, 'Cr.P.C.') challenging the order dated 30.03.2021 passed by the learned Principal District and Sessions Judge, North District, Rohini Courts, New Delhi (hereinafter referred to as 'PDSJ') in CA No. 19/2021, titled Amit Chawla v. Pooja Chawla & Anr., by which the learned PDSJ was pleased to dismiss the appeal filed by the petitioner herein.

2.

The petitioner by way of the said appeal had, in turn, challenged the Order dated 14.02.2020 passed by the learned Metropolitan Magistrate, Mahila Court-01, North District, Rohini Courts, Delhi (hereinafter referred to as 'Trial Court') in Complaint Case No. 3226/2017, titled Pooja Chawla v. Amit Chawla, whereby the petitioner was directed to pay interim maintenance of Rs.16,100/- per 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 13/12/2024 at 14:58:14

month, towards the maintenance of the child, from the date of filing of the said complaint, that is, 09.03.2016.

3.

During the pendency of the present petition, the petitioner filed an application seeking modification of the Order dated 14.02.2020 before the learned Trial Court. The said application has been partially allowed by the learned Trial Court vide its Order dated 02.09.2023, reducing the amount of maintenance to Rs.8,300/-, however, with effect from 15.05.2023.

4.

The learned counsel for the petitioner submits that the said order is liable to be set aside by this Court inasmuch as it does not reduce the maintenance amount retrospectively from the date of filing of the application/complaint by the respondent before the learned Trial Court, but instead grants the relief of reduction to the petitioner only having effect from 15.05.2023.

5.

In my opinion, as the order dated 14.02.2020 has been modified by the learned Trial Court, the petitioner, if aggrieved of the order dated 02.09.2023, has to avail of his remedies in accordance with law. 6.

In view of the above, the present petition no longer survives in view of the Order dated 02.09.2023. The same is disposed of with the above clarification and leave to the petitioner. The pending application also stands disposed of having become infructuous. NAVIN CHAWLA, J FEBRUARY 6, 2024/ns/AS Click here to check corrigendum, if any 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 13/12/2024 at 14:58:14