Sagar Guliani v. Nidhi Guliani & ANR.

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P.(MAT.) 303/2025, CRL.M.A. 19293/2025 & CRL.M.A. 19294/2025 SAGAR GULIANI .....Petitioner Through:

Mr.

Ikrant Sharma (through VC), Ms. Rishika Mahajan & Ms. Kritika Kharub, Advs.

versus NIDHI GULIANI & ANR.

.....Respondents Through:

Mr. Amarjeet Singh Sahni, Adv. (through VC)

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 18.08.2025 1.

The present petition is filed challenging the order dated 30.05.2025 (hereafter 'the impugned order') passed by the learned Family Court, North Rohini, Delhi in MT No. 269/2024 whereby the petitioner was directed to pay ad interim maintenance of ₹20,000/- per month to the respondents. 2.

It is undisputed that the impugned order was passed without hearing the petitioner.

3.

The petition filed by the respondent was listed for the first time on 08.07.2024.

4.

The learned Family Court was hearing the application for grant of ad interim maintenance. A perusal of the impugned order indicates that the learned Family Court had granted an ad interim maintenance of ₹5,000/- to the respondents, and the matter was listed on 30.05.2025 for further consideration. On the said date, the learned counsel for the petitioner appeared and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

requested for an adjournment.

5.

The learned Family Court did not accede to the request for adjournment and passed the impugned order granting ad interim maintenance of ₹20,000/- per month to the respondents and granted final opportunity to the petitioner to address arguments on interim maintenance and thereafter listed the matter for 08.10.2025.

6.

As noted in the order dated 09.07.2025 passed by this Court, even though the challenge to an ad interim order is not maintainable, however, since the impugned order was concededly passed without hearing the petitioner, this Court considers it apposite to set aside the impugned order and direct the learned Family Court to pass further directions for ad interim maintenance after hearing the learned counsel for the petitioner. 7.

However, in order to balance the equities, considering that the amount is not too high and the petitioner, in his income affidavit, had shown to be earning a substantial amount of income which would be considered by the learned Family Court when arguments are heard on behalf of both the parties, this Court considers it apposite to direct the petitioner to continue paying a sum of ₹15,000/- per month till such time the learned Family Court passes an order either for ad interim maintenance or for interim maintenance. The amount shall be paid for the month of June, July and August within a period of two weeks from date.

8.

List before the Family Court on 02.09.2025.

9.

The parties are directed to remain present before the learned Family Court for further proceedings. 10.

The learned Family Court is requested not to grant unwarranted adjournments to any of the parties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

A copy of this order be communicated to the concerned Principal District & Sessions Judge for compliance and listing before the concerned Family Court.

AMIT MAHAJAN, J AUGUST 18, 2025 "SS"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.