Gulshan Kumar v. Kiran Mishra

$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.(MAT.) 67/2024 CRL.M.A. 31663/2024. GULSHAN KUMAR .....Petitioner Through:

Mr. Anil Devilal, Ms. Rita and Ms.

Neetu Badolia, Advocates.

versus KIRAN MISHRA .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 21.10.2024 CRL.M.A. 31662/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is accordingly disposed of.

CRL.REV.P.(MAT.) 67/2024 1.

This petition has been filed assailing the order dated 04th July, 2023, passed by Family Court directed ad interim maintenance of Rs. 10,000/- per month to the respondent wife.

2.

Counsel for petitioner states that they had in fact agreed to a mediation settlement dated 25th April, 2023, whereby the parties had agreed that the petitioner shall pay total sum of Rs. 15,50,000/- to the wife towards full and final settlement in two instalments of Rs. 5,50,000/- and Rs. 10,00,000/- lacs. 3.

He states that the agreement was signed by both the parties, however, 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 02/07/2025 at 13:50:40

the respondent has not honoured the same and is instead move this maintenance petition under Section 125 Cr.P.C. 4.

Considering these circumstances, the Court is not inclined to set aside ad interim maintenance which is meant for the preventing vagrancy and destitution of wife, who in this case is also taking care of the minor child, born out of wedlock.

5.

However, in the event, parties do ultimately agree to a settlement, as per the previous agreement agreed to, the said amounts which are paid in the interim may be adjusted in the final settlement. 6.

Petition is disposed of with the aforesaid directions. 7.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 21, 2024/RK 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 02/07/2025 at 13:50:40