$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010226322026 + CRL.REV.P.(MAT.) 276/2026 & CRL.M.A. 16139/2026, CRL.M.A. 16140/2026 SH. ABHISHEK GAUTAM ..... Petitioner Through: Mr. Vijay Kinger, Mr. Manas Sood and Mr. Dhruv Dhingra, Advs. versus SMT. TEENA .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 12.08.2026 1. This hearing has been done through hybrid mode. 2. The present revision petition has been filed by the petitioner under Sections 438 and 442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), assailing the order dated 23.04.2026 passed by the learned Principal Judge, Family Court, Shahdara District, Karkardooma Courts, Delhi, in MT Case No. 220/2025, titled Smt. Teena v. Sh. Abhishek Gautam, whereby the application filed by the respondent under Section 144 of the BNSS seeking interim maintenance was allowed and the petitioner was directed to pay a sum of ₹12,000/- per month to the respondent from the date of filing of the petition i.e., 07.04.2025, till its disposal. 3. Briefly stated, the parties were married on 25.12.2023 according to Hindu rites and customs and no child was born out of the said wedlock. The parties have been living separately since 18.07.2024. The respondent thereafter filed a petition under Section 144 of the BNSS, being MT Case No. 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 17/08/2026 at 11:25:12 220/2025, seeking maintenance along with an application for interim maintenance. On 26.12.2024, the respondent lodged a complaint against the petitioner and his family members before the ACP, CAW Cell, Nand Nagri, Delhi. Thereafter, the respondent instituted a petition under Section 144 of the BNSS, being MT Case No. 220/2025, before the learned Family Court seeking maintenance along with an application for grant of interim maintenance. 4. Vide the impugned order dated 23.04.2026, the learned Family Court, on a prima facie assessment, took the total income of the petitioner to be ₹40,000/- per month, including ₹10,000/- per month towards rental income from his property at Narela, and awarded interim maintenance of ₹12,000/- per month to the respondent from 07.04.2025 till disposal of the maintenance petition. Aggrieved thereby, the petitioner has preferred the present revision petition. 5. Learned counsel for the petitioner has placed reliance upon Ankush Kumar Parashar v. Sapna @ Mona 2025:DHC:7489 and submits that the EMI being paid by the petitioner is required to be taken into consideration as his expenditure while determining the maintenance payable to the respondent. 6. The petitioner has placed on record his salary slip, which reflects his monthly salary as Rs.30,000/-. Apart from his wife, no other person is dependent upon him. 7. The learned Trial Court has also taken into consideration the fact that the petitioner owns a 1 BHK house at Narela and has, accordingly, assessed his total monthly income at Rs.40,000/-. 8. In the income affidavit filed before the learned Trial Court, the petitioner has stated that he has availed a car loan of Rs.5,00,000/-, towards 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 17/08/2026 at 11:25:12 which he is paying an EMI of Rs.8,185/- per month, and a home loan of Rs.9,50,000/-, towards which he is paying an EMI of Rs.9,300/- per month. 9. So far as the car loan is concerned, the EMI paid towards the same cannot be deducted from the income of the petitioner, as he continues to enjoy the benefit of the said vehicle. 10. However, this Court deems it appropriate to take into consideration the EMI of Rs.9,300/- per month being paid towards the housing loan. After deducting the said amount, the monthly income of the petitioner comes to approximately Rs.30,000/-. 11. In these circumstances, the maintenance awarded to the respondent by the learned Trial Court is reduced from Rs.12,000/- per month to Rs.10,000/- per month. 12. Accordingly, the impugned order dated 23.04.2026 is modified to the extent that the respondent shall be entitled to maintenance at the rate of Rs.10,000/- per month from the date of filing of the petition. 13. The petition is disposed of accordingly. 14. Copy of the order be sent to Trial Court for necessary information and compliance. 15. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 12, 2026/JYH/PG/Av 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 17/08/2026 at 11:25:12