Ahuti Raul And ORS. v. Sanjay Raul

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9991/2024 AHUTI RAUL AND ORS.

.....Petitioners Through:

Mr. Aadil Singh Boparai, Ms. Riddhi Goyal and Mr. Abhishek Dubey, Advs.

versus SANJAY RAUL .....Respondent Through:

Mr. Bikram Singh & Mr, Aditya Raghav, Advs. (thru VC)

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 19.12.2024 CRL.M.A.38265/2024 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 9991/2024 1.

This petition has been filed seeking directions to the Principal Judge, Family Court, South, Saket Courts, New Delhi for expeditious adjudication of interim maintenance application filed in MT Case No.249/2022. It is stated by the counsel for petitioner/wife that though ad interim maintenance of Rs.25,000/- per month, has been granted vide order dated 21st September 2023, the interim maintenance application, which was filed in June 2022, has not yet been adjudicated, despite the fact that the same has been listed for, as many as, 14 times in the last 30 months. 2.

The special circumstance pertains to the fact that both minor children (daughter and son) of the parties are under care and custody of petitioner/wife. Further, the minor son has been diagnosed with Autism 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 23/12/2024 at 12:07:25

Spectrum Disorder. Disability Certificate is also annexed along with the petition. It is contended that, because of this, petitioner's son requires special therapy which necessitates huge expenses. Other allegations have also been made on account of mistreatment meted out to the petitioner/wife by the respondent/husband.

3.

The last order passed by the Family Court is dated 27th November 2024, where directions had been given to both the parties to file their respective affidavits of disclosure of their income, assets and liabilities. 4.

Counsel for respondent, who appears on advance notice, through VC, states that they have filed their affidavit in terms of the said directions but they have objection to the incompleteness of the affidavit filed by the petitioner.

5.

Be that as it may, these aspects can be duly considered by the Family Court on 10th January 2025, when the matter is listed before it. 6.

Considering the special circumstances of the special child, Family Court, shall endeavour to dispose of interim maintenance application expeditiously.

7.

At this stage, counsel for respondent insists on objecting to directions being passed for expeditious disposal of interim maintenance application. This Court finds the resistance completely out of order, considering that the interim maintenance application has been pending since 2022. 8.

Petition stands disposed of with these directions. 9.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 19, 2024/sm/kp 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 23/12/2024 at 12:07:25