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High Court of DelhiCRL.REV.P./108/2018

Lalit Mohan v. Bhavna & ANR

2024-04-10Hon'Ble Mr. Justice Navin Chawla2 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 108/2018 & CRL.M.A. 2322/2018, 9955/2019 LALIT MOHAN ..... Petitioner Through:

Mr.Sunil Mittal, Sr. Adv. with Ms.Sonia Menon, Satish Panchal, Mr.Aseem Chaudhary, Mr.Sanjiv Saluja, Advs.

versus BHAVNA & ANR ..... Respondents Through:

Mr.Parveen Kumar, Adv. for R-2 and 3 with R-2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 10.04.2024 1.

This revision petition has been filed under Section 397 read with Section 482 of the Code of Criminal Procedure 1973 (in short, 'Cr.P.C.') challenging the order dated 24.08.2017 passed by the learned Principal Judge, Family Courts, North District, Delhi in MT case No.44/2017, titled Bhavna & Anr. v. Lalit Mohan, directing the petitioner to pay a monthly interim maintenance of Rs.15,000/- per month to the respondents from the date of filing of the petition under Section 125 Cr. P.C. by the respondents till the disposal of the same. 2.

This Court by its interim order dated 31.07.2018 had directed the petitioner to pay a sum of Rs.6,000/- per month as interim maintenance only to the respondent no.2, the minor daughter. 3.

The learned counsels for the parties admit that the said amount is being regularly paid by the petitioner. In the meantime, the trial on the application under Section 125 Cr. P.C. has progressed and evidence of the respondent is being recorded before the learned Trial Court. 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 16/04/2024 at 12:00:23

4.

With the consent of the learned counsels for the parties, the present petition is disposed of with the following directions: a) The petitioner shall henceforth pay an interim maintenance of Rs.10,000/- per month to the respondent no.2 on or before 10th day of each calendar month;

b) The interim maintenance shall be paid by the petitioner and accepted by the respondents, without prejudice to the rights and contentions of either of the parties and shall be subject to the final adjudication by the learned Family Court in the petition filed by the respondents and pending adjudication before it;

c) The final determination of the maintenance shall take effect from the date of the filing of the petition seeking maintenance by the respondents and all amounts paid by the petitioner during the interregnum shall be duly adjusted in the said amount;

d) The learned Trial Court is requested to expedite the adjudication of the petition pending before it and make an endeavour to dispose of the same within a period of six months of the first listing of the petition before it post this order; and e) Any unwarranted request for adjournment by either party shall be refused by the learned Trial Court.

NAVIN CHAWLA, J APRIL 10, 2024/Arya/am Click here to check corrigendum, if any 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 16/04/2024 at 12:00:23