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2024 DAILYLAW 3488 (DEL)

MR PARVEEN KUMAR TANWAR v. MRS KAVITA TANWAR

CRL.REV.P./17/2024 · 2026-08-20

Saurabh Banerjee

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010575632023 + CRL.REV.P. 17/2024, CRL.M.A. 226/2024, CRL.M.A. 10990/2025 MR PARVEEN KUMAR TANWAR .....Petitioner Through: Mr. Gaurav Goel, Adv. alongwith petitioner in person versus MRS KAVITA TANWAR .....Respondent Through: Ms. Sampanna Pani, Mr. Vikas Kumar, Ms. Sejal Jain and Mr. Gagandeep, Advs. alongwith respondent in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 20.08.2026 1. By virtue of the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of the order dated 30.10.2023, passed by the learned Family Judge-02, Family Courts, District South, Saket, New Delhi, wherein the petitioner is directed to pay the ad interim maintenance amount of Rs. 8,000/- per month as the petitioner is already paying the maintenance of the amount of Rs. 10,000/- maintenance to his wife and children in compliance of the order dated 31.10.2017 passed by the learned Principal Judge, Family Court, South, Saket, New Delhi under different enactment. 2. At the outset, learned counsel for the petitioner submits that the grievance of petitioner will be satisfied if this Court directs the learned Trial Court to conclude the proceedings before it at the earliest. He further submits that till the final adjudication of the said proceedings, the 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 22/08/2026 at 10:13:51 petitioner is also willing to continue to pay the maintenance @ Rs.10,000/- per month to his wife and children as fixed by the learned Principal Judge, Family Court, South, Saket, New Delhi vide order dated 31.10.2017. 3. Learned counsel for the respondents has also no objection to the same. 4. The factual matrix involved reveal that [i] the present proceedings arises out of a matrimonial dispute inter se the petitioner and the respondent; [ii] the petitioner is already paying the maintenance of the amount of Rs. 10,000/- maintenance to his wife and children in compliance of the order dated 31.10.2017 passed by the learned Principal Judge, Family Court, South, Saket, New Delhi although under different enactment; [iii] by way of the present petition the petitioner seeks to challenge the order dated 30.10.2023, passed by the learned Family Judge- 02, Family Courts, District South, Saket, New Delhi, whereby the petitioner was directed to pay the ad interim maintenance amount of Rs. 8,000/- per month; [iv] there is a considerable time-lapse since the passing of the said impugned order till now and much water has indeed flowed since then, and [v] today the proceedings are fixed for evidence of the parties before the learned Family Court. 5. 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. 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 22/08/2026 at 10:13:51 6. Learned counsel for parties are also called upon to endeavour not to make any requests for unnecessary adjournments during the said period. 7. Also, taking into account the factual matrix involved, particularly, the passage of time, and the statement made by learned counsel for the petitioner, without prejudice to the respective rights and contentions as available to the parties in accordance with law, the petitioner shall pay a sum of Rs.10,000/- per month on or before the 10th day of each calendar month to the respondent as interim maintenance till the final adjudication of the proceedings before the learned Family Court with effect from January 01, 2023. The same shall be subject to the amount(s), if any, already being paid by the petitioner in compliance of an order passed by a Court of law. 8. Furthermore, the petitioner is also directed to clear the arrears of maintenance at the said rate of Rs.10,000/- per month, if any, within a period of four months from today. 9. In view of the aforesaid directions, learned counsel for the petitioner, seeks to withdraw the present petition. 10. As such, the present petition is dismissed as withdrawn. 11. 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 20, 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 22/08/2026 at 10:13:51