Narender @ Bijender v. Smt Sunita

$~58 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1347/2014 NARENDER @ BIJENDER ..... Petitioner Through:

Mr.R.P.Luthra, Mr.Somnath Luthra and Mr.Shivansh Singh, Advs.

versus SMT SUNITA ..... Respondent Through:

Mr.M.Mukul and Mr.T.K.Pandey, Advs.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 04.05.2016 The present petition has been filed for setting aside/modification of the order dated 23.01.2014 whereby the learned ASJ has dismissed the revision petition filed by the petitioner against the order dated 17.09.2013 passed by the learned MM directing the petitioner to pay Rs.8,000/- per month as interim maintenance to the respondent from the date of filing of the maintenance petition Vide order dated 17.04.2014, this Court had directed the petitioner to pay maintenance at the rate of Rs.3,000/- per month, which is being paid till now.

During the course of arguments, the learned counsel for the petitioner submitted that their purpose would be served if the Trial Court/Family Court is directed to determine the final maintenance and maintenance at the rate of Rs.3,000/- per month being paid by the petitioner to the respondent be subject to adjustment against the final order of maintenance passed by the Trial Court. In the given facts and circumstances of the case, the present petition is disposed of with a direction to the Trial Court/Family Court to determine the final maintenance within a period of six months from today.

It is further directed that after the determination of final maintenance, if there are any arrears left, the same shall be paid within a period of one month of the date of the order. With these observations, the petition stands disposed of. P.S.TEJI, J MAY 04, 2016/dm