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High Court of DelhiCRL.REV.P.(MAT.)/9/2024

Naveen Kumar Shendge v. Sucheta

2024-08-20Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.(MAT.) 9/2024, CRL.M.A. 24422/2024 and CRL.M.A. 24423/2024 NAVEEN KUMAR SHENDGE ..... Petitioner Through: Mr. Shaad Anwar, Advocate versus SUCHETA ..... Respondent Through: None

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 20.08.2024 1.

By way of present petition, the petitioner seeks to assail the order dated 01.07.2024 passed by the learned Principal Judge, Family Courts, Central District, Tis Hazari Courts, Delhi in MT No.223/2023 vide which the family court has granted interim maintenance @ Rs 13,000/- per month to the respondent/complainant in the proceedings initiated under Section 125 Cr.P.C.

2.

Learned counsel for the petitioner contends that the family court while granting interim maintenance failed to appreciate that the respondent was already working prior to her marriage and is highly qualified and that she has worked in many Multi National Companies and thus the impugned order is liable to be set aside.

3.

I have gone through the impugned order. In the income affidavit placed before the Court, while the respondent has denied earning, the 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 23/08/2024 at 11:13:38

petitioner has admitted to be earning Rs.38,400/- per month. The impugned order further records that relying on Annurita Vohra v. Sandeep Vohra reported as 2004 SCC OnLine Del 192, the salary of the petitioner was divided into three shares leaving two shares to the petitioner and the remaining one share to the respondent.

4.

In view of the above, I find no ground to entertain the present petition. Accordingly, the same is dismissed alongwith the pending applications. However, it is clarified that in case at the time of disposal of the maintenance petition, the Family Court comes to the conclusion that the respondent is entitled to lesser or higher maintenance, the Family Court would be at liberty to grant adjustment of the arrears either way. MANOJ KUMAR OHRI, J AUGUST 20, 2024 na 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 23/08/2024 at 11:13:38