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High Court of DelhiCRL.M.C./6696/2024

Rajesh Arora v. Payal Arora & ORS.

2024-09-19Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6696/2024 RAJESH ARORA .....Petitioner Through:

Ms.Mishika Singh (DHCLSC), Advocate (through VC).

versus PAYAL ARORA & ORS.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 19.09.2024 CRL.M.A. 25575/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.C. 6696/2024 & CRL.M.A. 25574/2024 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for setting aside order dated 19.09.2023 passed by learned Principal Judge, Family Court, East District, Karkardooma Courts, Delhi in MT No.134/2023, whereby petitioner was directed to pay interim maintenance @ Rs.4,500/- per month to respondent No.2 and 3(daughter & son of petitioner) during pendency of petition.

2.

Learned counsel for petitioner submits that petitioner has been taking care of all the three children born out of the wedlock. She clarifies that one of the children is staying with petitioner, and petitioner is already bearing school expenses and other expenses of the other two children, which has not CRL.M.C. 6696/2024 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 01/10/2024 at 11:31:27

been taken into consideration by the learned Principal Judge, Family Courts, East District, Karkardooma Courts, Delhi.

3.

On a query to point out the documents in which aforesaid stand was taken on behalf of petitioner before the learned family court, learned counsel for petitioner submits that since it is a legal aid matter, the aforesaid contention was not raised before the learned Principal Judge, Family Court, East District, Karkardooma Courts, Delhi.

4.

In the facts and circumstances, no grounds are made out for interference in impugned order. However, petitioner is at liberty to file an appropriate application before the learned Principal Judge, Family Court, East District, Karkardooma Courts, Delhi, for bringing the relevant circumstances for consideration for modification, if any, in orders of maintenance.

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

A copy of this order be forwarded to the learned Trial Court for information.

ANOOP KUMAR MENDIRATTA, J SEPTEMBER 19, 2024/v CRL.M.C. 6696/2024 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 01/10/2024 at 11:31:27