Research › Search › Judgment

High Court of Delhi · body

2021 DAILYLAW 2941 (DEL)

GURPREET SINGH GULATI v. STATE OF NCT & ORS.

CRL.REV.P./114/2021 · 2026-09-01

Madhu Jain

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010117492021 + CRL.REV.P. 114/2021 GURPREET SINGH GULATI .....Petitioner Through: Ms. S. Janani, Sr. Adv. with Mr. Nishant Kumar, Adv. versus STATE OF NCT & ORS. .....Respondents Through: Mr. Hemant Mehla, APP Mr. Vikas Arora and Ms. Rashi Priya and Ms. Radhika Arora, Advs. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 01.09.2026 1. This hearing has been conducted through hybrid mode. CRL.M.A. 9193/2022 (for withdrawal of the FDR amount) 2. The present application has been filed on behalf of respondent no.3, Ms. Aanayya preet Kaur (Minor Child) seeking release of the amount deposited by the petitioner / father towards her maintenance up to January 2021 and kept in an FDR with UCO Bank, Delhi High Court Branch, pursuant to the orders dated 05.03.2021 and 28.07.2021 passed in CRL.REV.P. 114/2021. 3. Subject to verification by the Registry, let the amount of Rs.1,00,000/- deposited pursuant to the order dated 14.05.2026 be released in favour of respondent no.3 along with accrued interest, if any. 4. The present application is therefore, allowed. Accordingly, it stands This is a digitally signed order. 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 07/09/2026 at 13:27:42 disposed of. CRL.REV.P. 114/2021 & CRL.M.A. 3664/2021 5. Aggrieved by the orders dated 22.02.2020 and 11.11.2020 passed by the learned Principal Judge, Family Court, Shahdara District, Karkardooma Courts, Delhi, the petitioner has preferred the present revision petition. 6. Learned counsel for the petitioner submits that it was respondent no.2 who had herself left the matrimonial home and that, despite petitioners’ best efforts, she did not return. It is further submitted that the maintenance order passed by the learned Trial Court is in contravention of the guidelines issued by the Hon’ble Supreme Court and is also contrary to law. 7. Per contra, learned counsel for the respondents submits that the order dated 22.02.2020 was passed with the consent of both the parties and that there is no infirmity or illegality in both the impugned orders dated 22.02.2020 and 11.11.2020. 8. Learned counsel for the respondents further submits that respondent no. 2 has admitted that she was working and earning. However, the counsel further submits that she has also been looking after the child since her birth and the responsibility of bringing up the child cannot be that of respondent no. 2 alone. It is urged that the petitioner, being the father of the child, is equally responsible for her upbringing and the amount granted by the learned Trial Court towards maintenance of the child is not exorbitant. 9. The Court has heard both the parties and perused the material placed on record. 10. By way of the impugned order, the learned Trial Court has granted maintenance to the child of the parties. The marriage between the parties stands admitted. It is also an admitted case that from the marriage, a daughter This is a digitally signed order. 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 07/09/2026 at 13:27:42 was born, who is presently in the custody of respondent no. 2. Both parties have been living separately since 2009. 11. A perusal of the order dated 22.02.2020 shows that both parties had filed their latest salary slips before the learned Trial Court and had stated that the matter could be disposed of on the basis of the said salary slips, as only the maintenance of the minor child, then aged about 11 years, was required to be decided 12. It is not disputed that respondent no.2, who was working on the date of filing of the petition under Section 125 of Cr.P.C., had not claimed any maintenance for herself, but only for the minor daughter. At the relevant time, the monthly income of respondent no.2 was Rs.1,46,159/-, whereas the monthly income of the petitioner was Rs.1,37,684/-. Respondent no.2 was also looking after the food, clothing, shelter and other day-to-day requirements of the minor daughter 13. Vide order dated 22.02.2020, the learned Trial Court directed the petitioner to pay a sum of Rs.24,000/- per month towards maintenance of the minor daughter. Though the learned Trial Court had held that the petitioner was required to contribute one-fourth of his salary, the amount was inadvertently calculated at one-fifth 14. Subsequently, vide order dated 11.11.2020, the learned Trial Court observed that though the minor child had been held entitled to one-fourth of the petitioner’s salary, the amount had been calculated at one-fifth. The arithmetical error was accordingly rectified and the maintenance amount was rounded off to Rs.30,000/- per month. 15. Upon perusal of the impugned orders, it is evident that the learned Trial Court considered the salary slips of both parties and the fact that respondent This is a digitally signed order. 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 07/09/2026 at 13:27:42 no.2 was bearing the day-to-day expenses of the minor child. Both parties had agreed that the matter could be decided on the basis of their salary slips and no prejudice has been shown to have been caused to the petitioner. The order dated 11.11.2020 merely corrected the arithmetical error in calculating the petitioner’s one-fourth share. In view of the law laid down by this Court in Annurita Vohra v. Sandeep Vohra, 2004 SCC OnLine Del 192, this Court finds no illegality or infirmity in the impugned orders. 16. Accordingly, the present petition is dismissed. Pending application(s), if any, also stand(s) disposed of. 17. A copy of this order be sent to the concerned learned Trial Court. 18. Nothing herein above shall be construed as an opinion on the merits of the petition under Section 127 of Cr.P.C, pending before the learned Trial Court. 19. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 1, 2026/b/PG/rm/P/m This is a digitally signed order. 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 07/09/2026 at 13:27:42