CRL.REV.P.(MAT.) 253/2025 p. 1 $~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.(MAT.) 253/2025 & CRL.M.A. 16666/2025, CRL.M.A. 16667/2025 SH. DALEEP KUMAR .....Petitioner Through: Mr. Bipin Kumar Jha, Mr. Harsh Kumar and Mr. Abdul Hamid, Advs. with the petitioner in person. versus SMT. JYOTI THAKUR & ANR. .....Respondents Through: Mr. R.N. Dubey and Mr. Himanshu, Advs. with R-1 in person. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 12.11.2025 1. By the present petition, the petitioner prays as under : A. Set aside the impugned order dated 17.12.2024, passed by the Hon’ble Court of Smt. Veena Rani, Learned Judge, Family Court-2, District North East, Karkardooma Courts, Delhi, in Maintenance Petition No. 795/2018; B. call the records of the Ld. Trial Court of the above noted case and examine the legality of the order dated 17.12.2024.; C. Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice. 2. The learned Family Court had assessed the income of the petitioner / husband as approximately ₹43,000/- per month and 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 15/11/2025 at 12:23:39 CRL.REV.P.(MAT.) 253/2025 p. 2 that of Respondent No. 1 / wife as approximately ₹50,180/- per month and had fixed the maintenance for the minor daughter of the parties as ₹30,000/- per month, being approximately 1/3rd of the total money earned by the parties. 3. Therefore, it can safely be presumed that both the petitioner and Respondent No. 1, who is the wife of the petitioner, were earning approximately equal amount and were, therefore, liable to equally support the expenses of the minor daughter. The family Court, however, has directed the petitioner to pay ₹20,000/- out of ₹30,000/- which the minor daughter is held to be entitled. 4. The petitioner has not disputed the right of the minor daughter to receive 1/3rd of the total earning of the parties. 5. Therefore, without disturbing the total amount of maintenance being awarded to Respondent No. 2 (minor daughter), the impugned order dated 17.12.2024 is modified only to the extent that the petitioner shall contribute ₹17,000/- per month towards the maintenance of the minor daughter. This Court is inclined to direct the petitioner to pay slightly more than 50% of the minor daughter’s entitlement to maintenance considering that Respondent No. 1 has been taking care of the minor daughter since the beginning. 6. The learned counsel for the respondents contends that the petitioner, at this stage, is earning much more than ₹43,000/- p.m.. 7. The respondents are at liberty to file an application under Section 127 of the Code of Criminal Procedure, 1973 seeking modification of maintenance amount. As and when any such 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 15/11/2025 at 12:23:39 CRL.REV.P.(MAT.) 253/2025 p. 3 application is filed, the learned Trial Court is requested to decide the same in accordance with law without being influenced by any observations made by this Court. 8. The respondents are at liberty to file appropriate proceedings for recovery of the arrears, if any. As and when any such application is filed, the learned Executing Court is also requested to pass order(s) expeditiously without granting any unwarranted adjournment to any of the parties. 9. The present petition is disposed of with the aforesaid observations. Pending applications also stand disposed of. AMIT MAHAJAN, J NOVEMBER 12, 2025 ‘KDK’ 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 15/11/2025 at 12:23:39