$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.(MAT.) 395/2026 WAQAR AHMED .....Petitioner Through: Mr. Manish Sindwani, Advocate. versus NUSRAT .....Respondent Through: None. CORAM: HON’BLE MR. PURUSHAINDRA KUMAR KAURAV O R D E R % 24.07.2026 CRL.M.A. 21701/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. CRL.REV.P.(MAT.) 395/2026 1. The present revision petition has been preferred under Sections 442 and 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, assailing the order dated 30.05.2026 [“Impugned Order”] passed by the Principal Judge, Family Courts, North-East District, Karkardooma Courts, Delhi in Case No. MT-617/2023, whereby the application filed by the respondent-wife under Section 125 Cr.P.C. seeking interim maintenance has been allowed and the petitioner-husband has been directed to pay interim maintenance of ₹20,000/- per month from the date of filing of the application. 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 30/07/2026 at 14:43:21 2. The facts, in brief, are that the marriage between the parties is undisputed and matrimonial disputes arose between them, pursuant to which the respondent-wife instituted proceedings under Section 125 Cr.P.C. seeking maintenance. During the pendency of the said proceedings, an application seeking interim maintenance came to be filed. Vide impugned order, the Family Court awarded interim maintenance of ₹20,000/- per month in favour of the respondent-wife from the date of filing of the application. 3. Learned counsel for the petitioner contends that the Family Court has failed to appreciate that the petitioner is the sole earning member of his family and is maintaining his aged parents and three unmarried sisters, who are entirely dependent upon him. It is further submitted that the respondent-wife is an educated and qualified lady, having previously worked at Baalpan Public School and being CTET qualified, and therefore possesses sufficient earning capacity. According to the petitioner, the Family Court has failed to consider the aforesaid aspects while determining the quantum of interim maintenance and directing payment thereof from the date of the application. 4. This Court has considered the material placed on record and has perused the impugned order. The impugned order merely grants interim maintenance during the pendency of the proceedings under Section 125 Cr.P.C. The Family Court has taken note of the pleadings and material available before it at the interlocutory stage while determining the amount of interim maintenance. 5. Vide impugned order dated 30.05.2026, the Family Court in 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 30/07/2026 at 14:43:21 paragraph no. 11 has recorded as under: “In the affidavit of income, assets and liabilities filed onbehalf of respondent, 11 is contended that he is a Government Teacher and he has placed on record his salary slip (from August 2024). That during that period, his net sala1y is of Rs. 87,8 74/-. In his affidavit of income assets and I iabi I ities, he has slated that there are parents and three unmarried sisters. It is also stated that he spent Rs. 60,000/- on the dependents. However, no details of such expenditure is given. It is not the case of respomient that condition of his parents is such that they arc unable to work and cannot earn at all. In the column of gene ral monthly expenses, he has mentioned transportation, medical bills, legal expenses, I i fe insurance, I real th insurance etc but the amount is not mentioned. In the column regarding detai ls of diseases, it is stated that dependents arc su flering ti·om multi ple chronic ailments and had undergone surgery in the past but no details were given regarding the diseases of the surgery. Otherwi se also, as per the contention of respondent, he is spend ing money on life insurance as well as on hea lth insurance. Therefore, his hospital expenses and surge1y expenses should be covered by such insurance especially there is health insurance. There is other contention that petitioner is capable or earning but it is not the so le criteria to accept or reject the contention of~;anting or rejection the c laim of petitioner for monthly allowance.” 6. A bare perusal of the aforesaid would indicate that the Family Court has considered all the relevant factors governing the grant of interim maintenance. The impugned order reflects due consideration of the petitioner's disclosed income, his plea regarding dependent family members and the respondent-wife's alleged earning capacity. The Family Court has, however, found that the petitioner failed to substantiate his plea regarding expenditure incurred on his dependents by placing any cogent material on record and that no particulars were furnished regarding the alleged medical expenses. The Family Court has also rightly observed that the mere earning capacity of the respondent-wife, in the absence of material indicating that she is gainfully employed or has a sufficient independent source of income, 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 30/07/2026 at 14:43:21 cannot by itself disentitle her from claiming interim maintenance. This Court finds that the conclusions arrived at by the Family Court are based on a prima facie appreciation of the material available on record. 7. Bearing in mind the limited scope of revisional jurisdiction and the findings recorded by the Family Court, particularly in paragraph 11 of the impugned order, this Court does not find any patent illegality, perversity or jurisdictional error warranting interference. The issues sought to be raised by the petitioner, including his financial liabilities, the alleged earning capacity of the respondent-wife, and the correctness of the financial disclosures made by the parties, are matters which require appreciation of evidence and can appropriately be adjudicated by the Family Court at the stage of final disposal of the main petition. The observations made in the impugned order are only prima facie in nature and shall not prejudice the rights and contentions of either party during the trial. 8. Needless to observe, the grant of interim maintenance is intended to provide immediate financial assistance to the claimant during the pendency of the proceedings and cannot be construed as a final determination of the rights and liabilities of the parties. The quantum of maintenance, as well as the date from which it is payable, shall remain subject to the final adjudication by the Family Court on the basis of the evidence led by the parties. 9. At this stage, therefore, no case for interference with the impugned order is made out. It is, however, observed that the Family Court shall make every endeavour to expedite the trial. 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 30/07/2026 at 14:43:21 10. Petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 24, 2026/P/SS 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 30/07/2026 at 14:43:21