Partik Bhuchar v. Sakshi Sharma

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.(MAT.) 41/2024 PARTIK BHUCHAR ..... Petitioner Through:

Appearance not given versus SAKSHI SHARMA .....Respondent Through:

Mr. Samama Suhail, Mr. Adnan Irshad and Mr.

Suhail Ahmed Siddiqui, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 23.09.2024 CRL.M.A. 28725/2024 (Exemption) Allowed, subject to all just exceptions.

CRL.REV.P.(MAT.) 41/2024 & CRL.M.As. 28726/2024, 28727/2024 1.

Petitioner has approached this Court seeking to challenge the order dated 04.04.2024, passed by the learned Family Court, East District, Karkardooma Courts, Delhi, in MT No. 194/21, titled as "Sakshi Sharma vs. Partik Bhuchar", whereby the learned Family Courts has fixed the interim maintenance @ Rs.15,000/- per month to be paid by the Petitioner herein, i.e. the husband, to the Respondent herein, i.e. the wife. 2.

For the sake of convenience, the Order dated 04.04.2024 is reproduced below and the same reads as under: "During the arguments, it is submitted by Ld counsel for the petitioner that if the respondent increases the ad-interim maintenance to Rs. 15,000/- then the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner would lead her evidence straight away and the interim application may be decided in the aforesaid terms.

Ld counsel for the respondent submits that the ad interim maintenance may be increased as prayed and the interim maintenance application may be disposed of.

In view of the facts and circumstances and submissions made, the interim maintenance application stands disposed of and respondent is directed to make the payment of ad-interim maintenance of Rs. 15,000/- per month to the petitioner per from the date of filing of the interim application till the disposal of the present petition. The interim maintenance application stands disposed of.

Ld counsel for the respondent prays for reducing the cost of Rs. 20,000/- imposed upon the respondent which is yet to be paid.

Ld counsel for the petitioner submits that the entire cost imposed upon the respondent may not be waived.

Considering the facts and circumstances and the submissions made, the previous cost imposed upon the respondent is hereby reduced to Rs. 12,000/-. The respondent shall pay the cost alongwith amount of the interim maintenance due to the respondent.

Put up for PE on 22.07.2024."

3.

A perusal of the order shows that it was a consent order wherein, the wife had agreed that if the husband, i.e. the Petitioner herein, agrees to pay Rs.15,000/- per month as interim maintenance then she would lead her evidence straight away and the learned Counsel for the Husband, i.e. the Petitioner herein, had agreed for the amount. 4.

Since, the order which has been challenged is a consent order and no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

ground has been raised that the consent was obtained by force, coercion etc., this Court is not inclined to interfere with the impugned Order. 5.

Accordingly, the Petition is dismissed, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J SEPTEMBER 23, 2024 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.