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2024 DAILYLAW 3355 (DEL)

GAURAV JAIN v. JYOTI JAIN & ANR.

CRL.REV.P./134/2024 · 2026-08-10

Saurabh Banerjee

body2024

Judgment text

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$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010025122024 + CRL.REV.P. 134/2024, CRL.M.A. 2748/2024 GAURAV JAIN .....Petitioner Through: Mr. Siddhartha Jain, Advocate versus JYOTI JAIN & ANR. .....Respondents Through: Ms. Mahima Anand, Mr. Anand and Ms. Tsering Chosdon, Advocates CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 10.08.2026 1. By virtue of the present petition under Section 397 of the of the Code of Criminal Procedure, 1973 (Cr.P.C), the petitioner seeks setting aside the order dated 20.11.2023 passed by learned Principal Judge, Shahdara District, Family Court, Karkardooma Court, Delhi in Mt. Case No.162/2023 titled as “Vivan Jain & Anr. Vs. Gaurav Jain” and quash the amount of interim maintenance @ Rs.7000/- per month cumulatively granted in favour of both the respondents. 2. Considering the factual matrix involved, particularly, since the present proceedings is arising out of a matrimonial dispute inter se the petitioner and the respondent no.1, who have been blessed with a minor son/ respondent no.2 as well, and who is presently residing with his mother/ respondent no.1 herein, as also since the petitioner seeks to challenge the order dated 20.11.2023, whereby the learned Family Court 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 12/08/2026 at 10:59:55 had awarded Rs.3,500/- per month as interim maintenance to each of the respondents, payable by the petitioner, which, by virtue of the order dated 29.01.2025 passed by this Court was reduced to a cumulative sum of Rs.4,500/- per month, as also considering the time-lapse since the passing of the impugned order, it is deemed appropriate if the learned Family Court is directed to conclude the trial and dispose of the matter therein at the earliest, preferably on or before 31.03.2027, albeit, taking note of its current roster and board position. 3. However, taking into account the passage of time, and the factual matrix involved, this Court leaving the options open to the parties before the learned Family Court, directs the petitioner to pay a sum of Rs.5,000/- per month towards interim maintenance to the respondents till the final adjudication of the proceedings before the learned Family Court from the date of filing of the Maintenance Petition before the learned Trial Court. It is made clear that the petitioner shall also be liable to pay and clear the arrears, if any, @ Rs.5,000/- per month as well. 4. Needless to say, the learned Family Court shall decide the proceedings before it on its own merits, without being influenced with the present order. 5. As such, the present petition, alongwith the pending application, is disposed. SAURABH BANERJEE, J AUGUST 10, 2026/So 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 12/08/2026 at 10:59:55