CRL.REV.P. 78/2019 $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 78/2019 & CRL.M.As. 7116/2024, CRL.M.(BAIL) 122/2019 PARIMAL KUMAR .....Petitioner Through: Mr. R.P. Luthra and Mr. Akshay Goswami, Advocates with Petitioner (in-Person). versus SONIA .....Respondent Through: Respondent (in-Person). CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 24.07.2025 1. The present revision petition is directed against order dated 9th October, 2018 passed by Family Court, East District, Karkardooma Courts, whereby the Petitioner was directed to pay maintenance to the Respondent, his daughter, at the rate of ₹3,000/- per month with effect from 1st July, 2011 to 30th November, 2017, and thereafter at the rate of ₹2,000/- per month. 2. The primary ground of challenge to the said order is that the Respondent had concealed material facts before the Family Court, specifically that she was gainfully employed with M/s. Sonalika International Tractors Ltd. Taking note of this submission, this Court, vide order dated 1st April, 2019, passed the following directions: “Learned counsel enters appearance for the respondent. Copy of the paper book has been handed over to the counsel for the respondent. Learned counsel for the petitioner submits that respondent has concealed the fact that she is employed. He submits that as per the information of the petitioner, respondent is employed with M/s.Sonalika International Tractors Ltd, C-133/A, C Block, Udyog Vihar, Sector-2, 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 26/07/2025 at 12:41:19 CRL.REV.P. 78/2019 Noida, U.P and prior to that she was working in their office at Pankaj Plaza Complex, Karkardooma. Respondent is directed to file an affidavit disclosing as to whether she was employed and if so from what time. Let the affidavit be filed within four weeks. Reply to the petition be filed within four weeks. List for consideration on 17.05.2019.” 3. Pursuant to the above directions, the Respondent filed an affidavit denying employment with M/s. Sonalika Tractors. In response, the Petitioner clarified that the correct name of the employer was M/s. International Tractors Ltd., and that “Sonalika Tractors” was merely a brand name. Consequently, on 23rd July, 2019, this Court issued directions to International Tractors Ltd. to file a response. The said order reads as follows: “1. Respondent has filed an affidavit stating that she is not working in M/s. Sonalika Tractors. 2. Learned counsel appearing for the petitioner submits the name of the organisation is not Sonalika Tractors and Sonalika Tractors is a brand name. He submits that as per his instructions, respondent is working in M/s. International Tractors Ltd., C-133/A, C Block, Udyog Vihar, Sector-2, Noida, U.P. He submits that the regular provident fund contribution is being deposited by the employer. He has shown a copy of Member Pass Book issued by Employees' Provident Fund Organisation. 3. Issue notice to M/s. International Tractors Ltd. C-133/A, C Block, Udyog Vihar, Sector-2, Noida, U.P.. The Person In-charge M/s. International Tractors Ltd. shall file a response, within four weeks and state as to whether there is any employee by the name of Ms. Sonia Tuli employed with them and if so, provide the details/documents/Identity Proof of the said employee as available in their records. 4. Petitioner is permitted to serve M/s. International Tractors Ltd. dasti in addition. 5. List on 24.09.2019. 6. Order Dasti under signatures of the Court Master.” 4. In compliance with the above directions, M/s. International Tractors Ltd. has submitted a response confirming that the Respondent is employed with them. The relevant details provided are as under: 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 26/07/2025 at 12:41:19 CRL.REV.P. 78/2019 “1. M/s International Tractors Limited having its office at C- 133/A, Sector-2, Noida (U.P), received summons from the Hon'ble court along with the copy of the order dated 23.07.2019. 2. Ms. Sonia Tuli is employed with the Company at its Noida office C- 133/A, Sector-2, Noida (U.P). Her particulars as per records are given below: Name : Ms. Sonia Tuli Employee Code : 20208 Father's name : Sh. P.K Tuli Address : Flat No. 37, Street No. 1, Shastri Park, Chander Nagar, Delhi-110051 Date of Joining : 01.07.2013 as Executive (Admin)/front office executive on a gross monthly salary/remuneration of Rs. 13,768/-. 3. The copy of driving license of Ms. Sonia Tuli as available in the company's records is annexed as Annexure-A. For M/s International Tractors Limited Sd/- (Sadhna Pandey)” 5. Moreover, the Petitioner has placed on record documents obtained from the Employees’ Provident Fund Organisation pertaining to the Respondent, which further substantiate her employment status. 6. The Respondent, who is present before this Court in person, admits that she has been employed with M/s. International Tractors Ltd. since 8th July, 2013 and continues to remain in service. She acknowledges that she had earlier made an incorrect statement before the Family Court and had suppressed the fact of her employment, but states that was due to fear of her father, the Petitioner. 7. Be that as it may, in view of the affidavit filed, the EPF records produced, and the admission of the Respondent made before this Court, it is clearly established that the Respondent has been gainfully employed and is 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 26/07/2025 at 12:41:19 CRL.REV.P. 78/2019 in receipt of regular income. 8. These material facts relating to the Respondent’s gainful employment were not brought to the notice of the Family Court at the time the impugned order was passed. In light of the foregoing discussion, this Court is of the considered view that the impugned order directing the Petitioner to pay maintenance to the Respondent, cannot sustain. Accordingly, the following directions are issued: a. The impugned order dated 9th October, 2018 is set aside; b. The matter is remanded back to the Family Court for reconsideration; c. The Family Court shall take into consideration the aforenoted facts, as well as the affidavits filed by both parties and the response submitted by M/s. International Tractors Ltd. Either party shall be at liberty to place the said documents on record before the Family Court, if so required. The Family Court shall also be at liberty to call for fresh affidavits from both parties, if deemed necessary. d. On consideration of the said material, a fresh order shall be passed in accordance with law. 9. The present petition stands disposed of with the above directions. 10. List before the Family Court on 7th August, 2025. CRL.M.A. 12970/2022 (application under Section 340 of the Code of Criminal Procedure, 1973 r/w Section 482 of CrPC) 11. Re-notify on 20th November, 2025. SANJEEV NARULA, J JULY 24, 2025 as 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 26/07/2025 at 12:41:19