Kirti v. Mohd Adnan

$~62 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P.(MAT.) 11/2025, CRL.M.A. 770/2025 & CRL.M.A. 771/2025 KIRTI .....Petitioner Through:

Mr. Keshav, Advocate versus MOHD ADNAN .....Respondent Through:

None

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 14.01.2025 1.

The present revision petition under Section 397 read with Section 401 Code of Criminal Procedure, 1973 and Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 impugns orders dated 22nd August, 2024 and 25th September, 2024 passed by the Principle Judge, Central District, Tis Hazari Court, Delhi in MT. No. 359/2022, whereby the written statement filed on behalf of the Respondent on 21st August, 2024 has been taken on record, without imposition of cost, despite the delay in filing the same. 2.

The Petitioner argues that the Trial Court ought not to have granted this indulgence. The proceedings conducted on various dates prior to the impugned orders, indicate that Respondent was deliberately and intentionally delaying the proceedings and not filing the written statement within the time allotted. In such circumstances, the written statement which was filed after considerable delay, ought not to have been taken on record 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 24/01/2025 at 14:22:23

without any imposition of cost.

3.

The Court has considered the aforenoted contentions. Although, there is delay on the part of the Respondent in filing the written statement, however, in the opinion of the Court, this discretion which is been exercised by the Trial Court does not call for any interference by this Court as the written statement in such matters is essential for the purpose of calculating the maintenance amount sought by the Petitioner. The written statement would, in fact, aid the Petitioner also making submissions for the claim of maintenance.

4.

In light of foregoing, the Court is not inclined to entertain the present petition, Accordingly, the present petition is disposed of along with pending applications.

SANJEEV NARULA, J JANUARY 14, 2025/ab 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 24/01/2025 at 14:22:23