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2024 DAILYLAW 3486 (DEL)

ZIYAURRAHMAN RABBANI v. TAIYABA KHATOON & ANR.

CRL.REV.P.(MAT.)/120/2024 · 2026-08-17

Saurabh Banerjee

body2024

Judgment text

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$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010867872024 + CRL.REV.P.(MAT.) 120/2024, CRL.M.A. 35863/2024, CRL.M.A. 3874/2025, CRL.M.A. 5782/2025 ZIYAURRAHMAN RABBANI .....Petitioner Through: Ms. Niharika Ahluwalia, Mr. H. Jain, Advs. Versus TAIYABA KHATOON & ANR. .....Respondents Through: Mr. Vatan Bhatnagar and Mr. Rahul Kumar Gautam, Advocates CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 17.08.2026 1. The present matter has been received on transfer. 2. By virtue of the present petition under Section 397 read with Section 401 of the of the Code of Criminal Procedure, 1973 (Cr.P.C), the petitioner inter alia seeks setting aside of the impugned order dated 29.02.2024 passed by learned Family Court-01, Shahdara District, Karkardooma Courts, Delhi (Family Court) in MT No.256/2020 entitled “Taiyaba Khatoon & Anr. vs. Ziyaurrahman Rabbani”. 3. The factual matrix involved reveal that [i] the present proceedings arises out of a matrimonial dispute inter se the petitioner and the respondent no.1; [ii] there is a minor son/ respondent no.2 involved as well, and he is presently residing with his mother/ respondent no.1 herein; [iii] by way of the present petition the petitioner seeks to challenge the order dated 29.02.2024 whereby the learned Family Court had awarded a cumulative sum of Rs.7,000/- per month i.e. Rs.5,000/- and Rs.2,000/- to 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 19/08/2026 at 12:03:34 respondent no.1 and respondent no.2 respectively as interim maintenance, payable by the petitioner; [iv] there is a considerable time-lapse since the passing of the said impugned order till now, and the proceedings are fixed for evidence of the parties. 4. Taking a collective view of the aforesaid, it is deemed appropriate, if the learned Family Court is requested to conclude the trial and dispose of the matter therein after hearing final arguments from learned counsels for the parties at the earliest, preferably on or before 31.03.2027 without giving any unnecessary adjournments to any of the parties, albeit, taking note of its current roster and board position. 5. Learned counsel for parties are also called upon to endeavour not to make any requests for unnecessary adjournments during the said period. 6. However, taking into account the passage of time, and the factual matrix involved, the petitioner to keep paying a cumulative sum of Rs.7,000/- per month payable on or before the 10th day of each calendar month to the respondents as interim maintenance till the final adjudication of the proceedings before the learned Family Court. The petitioner is also directed to clear the arrears of maintenance at the rate of Rs.7,000/- per month, if any, within a period of three months from today, as per the directions of the learned Trial Court. 7. As such, the present petition is disposed of in the aforesaid terms. 8. Needless to say, the learned Family Court shall decide the proceedings before it on its own merits, without being influenced with the present order. SAURABH BANERJEE, J AUGUST 17, 2026/Ab 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 19/08/2026 at 12:03:34