$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1099/2025, CM APPL. 37238/2025 PRIYANKA .....Petitioner Through: Dr. Anil Kumar Bakshi, Mr. Balraj Anand, Advocates alongwith petitioner in person. versus SAURABH CHHABRA .....Respondent Through: Ms. Megha, Advocate CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 14.11.2025 1. By virtue of the present petition, the petitioner/ wife seeks setting aside of the order dated 01.03.2025 passed by the learned Family Court, New Delhi District, New Delhi (learned Family Court) in the pending Divorce petition being HMA No. 502/2023 titled “Saurabh Chhabra vs. Priyanka” as well as directions to the learned Family Court to dispose of application of the petitioner/ wife for interim maintenance under Section 24 of the Hindu Marriage Act, 1955 (HMA), expeditiously and urgently which is pending since 30.10.2023. 2. The relevant extract of the said order dated 30.10.2023 is reproduced as under:- “It has been pointed by Ld. counsel for respondent that application under Section 340 C.P.C. filed by him is also listed for arguments. He has placed reliance on the judgment title Praveen R. Vs. Arpitha in Writ petition No. 19448 of 2015 (GM-FC) passed by Hon'ble High Court of Karnataka; Amit Bajpai Vs. State of U.P. & Anr. in Crml. Revision No. 3760 of 2023 passed by Hon'ble High Court of Allahabad in support of his submissions that the application 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 17/11/2025 at 12:28:56 Section 340 CrP.C. has to be decided before the application for interim maintenance under Section 24 HMA. In view of the submissions, this court is of the view that since the findings on allegations under Section 340 Cr.PC. might also have bearing on the right of the respondent to get the maintenance, the application under Section 340 Cr.P.C. shall be argued before the other applications. Put up for further proceedings with the application under Section 340 Cr.P.C. on 08.04.2025.” 3. A perusal of the aforesaid fails to disclose as to how the two judgments cited by the respondent/ husband were applicable to the facts involved, and there are no reasonings given therein. Also, neither of them have been discussed therein. In effect, the said order is silent as to why the application under Section 340 of the Code of Criminal Procedure, 1973 (Cr.P.C.) moved by the respondent/ husband was given precedence over the application under Section 24 of the HMA moved by the petitioner/ wife. 4. Accordingly, the present petition is allowed and the order dated 30.10.2023 is set aside. 5. Further, though HMA No.502/2023 was filed by the respondent/ husband in May, 2023, and the application under Section 24 of HMA therein has been filed by the petitioner/ wife for seeking maintenance on 30.10.2023. Despite thereto, the interim maintenance is yet to be fixed therein. As such, the learned Family Court is requested to decide the aforesaid aspect of fixation of the interim maintenance, if any, as early as possible, preferably within a period of six weeks from when the same is listed before the learned Family Court prior to adjudicating the application under Section 340 of the CrPC and the application under Section 24 of the HMA. 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 17/11/2025 at 12:28:56 6. Needless to say, neither of the parties shall be allowed to seek any unnecessary adjournments, however, the decision qua same is left open for the learned Family Court. 7. In view thereof, the present petition along with the pending applications stands disposed of. 8. A copy of this order be sent to the learned Family Court, New Delhi District, New Delhi. SAURABH BANERJEE, J. NOVEMBER 14, 2025/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 17/11/2025 at 12:28:56