CRL.REV.P.(MAT.) 541/2026 $~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010432412026 + CRL.REV.P.(MAT.) 541/2026, CRL.M.A. 28308/2026, CRL.M.A. 28309/2026, CRL.M.A. 28310/2026 & CRL.M.A. 28311/2026 ASHOK KUMAR .....Petitioner Through: Mr. Mohit Kumar, Adv. along with petitioner in person. versus KONICA GUPTA & ANR. .....Respondents Through: None. CORAM: HON’BLE MS. JUSTICE MADHU JAIN O R D E R % 14.09.2026 1. This hearing has been done through hybrid mode. 2. The present revision petition under Section 19(4) of the Family Courts Act, 1984 assails the order dated 22.05.2026 passed by the learned Family Court-02, Tis Hazari Courts, Delhi in MT No. 353/2025, whereby the petitioner was directed to pay ad-interim maintenance of Rs.10,000/- per month each to respondent no.1-wife and respondent no.2-minor child. The petitioner also assails the consequential order dated 23.07.2026 passed in Ex. Crl. No. 231/2026, whereby his bank accounts were directed to be kept on hold to the extent of Rs.1,71,000/- 3. Brief facts that pertains to the present petition are that the petitioner and respondent no.1 were married on 24.06.2021, and a male child, respondent no.2, was born from the wedlock on 08.12.2023. 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 15/09/2026 at 12:43:10 CRL.REV.P.(MAT.) 541/2026 4. Respondent no.1 subsequently left the matrimonial home along with the minor child. Respondent no.1 also instituted HMA Petition No. 544/2024 under Section 13(1)(ia) of the Hindu Marriage Act seeking dissolution of marriage on the ground of cruelty. Thereafter, on 15.10.2025, respondent no.1 filed, on her own behalf and on behalf of the minor child, maintenance proceedings bearing MT No. 353/2025 under Section 144(1) of the BNSS before the learned Family Court, Tis Hazari Courts. 5. The petitioner states that the maintenance petition was served upon him electronically through WhatsApp on 17.03.2026. According to him, the CD stated to have been annexed with the petition was not supplied to him either physically or electronically. He further states that on 22.05.2026 he sought an opportunity to obtain the said material and file a proper reply. The learned Family Court, however, proceeded to pass the impugned order while also granting the petitioner one last opportunity to file his reply to the main petition, reply to the interim maintenance application and his income affidavit. 6. Vide order dated 22.05.2026, the learned Family Court directed the petitioner to pay ad-interim maintenance of Rs.10,000/- per month each to respondent no.1 and respondent no.2, till disposal of the interim maintenance application. The learned Family Court, inter alia, noted the material regarding the parties’ respective circumstances and recorded that respondent no.1 had no income since December 2024, while directing the petitioner to pay the aforesaid amount in the meanwhile. The matter was thereafter fixed for completion of pleadings and arguments on the interim maintenance application on 29.09.2026. 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 15/09/2026 at 12:43:10 CRL.REV.P.(MAT.) 541/2026 7. Pursuant to the aforesaid order, execution proceedings bearing Ex. Crl. No. 231/2026 were initiated, and vide order dated 23.07.2026, the bank accounts of the petitioner were directed to be kept on hold to the extent of Rs.1,71,000/-. 8. The petitioner has accordingly approached this Court challenging the order dated 22.05.2026 as well as the consequential proceedings arising therefrom. SUBMISSIONS ON BEHALF OF THE PETITIONER 9. Learned counsel for the petitioner submits that the impugned order granting ad-interim maintenance was passed without granting the petitioner adequate opportunity to complete the pleadings and place the relevant material on record. It is submitted that although the petitioner had requested supply of the CD accompanying the maintenance petition, the same was not supplied to him, and the learned Family Court proceeded to pass the monetary order on 22.05.2026. 10. Learned counsel submits that the learned Family Court also failed to properly consider the respective financial circumstances of the parties before directing payment of Rs.20,000/- per month. It is contended that respondent no.1 is an educated and practicing advocate, having previously worked in a law firm and with the Delhi Commission for Women, and that her financial position and earning capacity required proper consideration before grant of ad-interim maintenance. 11. Learned counsel further submits that the petitioner has disputed the entitlement and quantum of maintenance and has also placed reliance upon the respondent's alleged desertion of the petitioner. It is contended that the impugned order was passed without adequate consideration of the petitioner's 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 15/09/2026 at 12:43:10 CRL.REV.P.(MAT.) 541/2026 objections, including his financial capacity and the material relating to the respondent's income. 12. It is further submitted that the consequential execution proceedings, including the order dated 23.07.2026 directing the freezing/holding of the petitioner's bank accounts to the extent of Rs.1,71,000/-, are liable to be set aside as they arise from the impugned order. The petitioner accordingly seeks setting aside of the order dated 22.05.2026 and the consequential proceedings. ANALYSIS AND FINDINGS: 13. Having heard learned counsel for the petitioner and perused the material placed on record, this Court finds no ground warranting interference with the impugned order at this stage. The order dated 22.05.2026 is, by its very nature, an order granting ad-interim maintenance, and is expressly operative only “till disposal of the interim maintenance application”. The learned Family Court has also granted the petitioner a further opportunity to file his reply to the main petition, reply to the interim maintenance application and his income affidavit, and has fixed the matter for completion of pleadings and arguments on the interim maintenance application on 29.09.2026. 14. The principal grievance of the petitioner is that he was not afforded adequate opportunity to place on record the relevant material, particularly in relation to the documents accompanying the maintenance petition, the respective income and financial circumstances of the parties, and his objections regarding the entitlement and quantum of maintenance. However, these are matters which can appropriately be placed before and considered by the learned Family Court in the pending proceedings. The impugned order itself makes it clear that the pleadings are yet to be completed and that the interim maintenance application is still pending consideration. 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 15/09/2026 at 12:43:10 CRL.REV.P.(MAT.) 541/2026 15. At this stage, this Court is not required to undertake a detailed examination of the respective claims of the parties with regard to their income or the petitioner's defence to the claim for maintenance. The learned Family Court has, for the present, directed payment of a quantified amount as ad- interim maintenance on the basis of the material available before it and has left the parties to place their complete material on record before final adjudication of the interim maintenance application. 16. The contentions raised by the petitioner regarding his financial capacity, the earning capacity of respondent no.1, the circumstances in which the parties have been residing separately and the petitioner's objections to his liability to pay maintenance may all be urged before the learned Family Court at the appropriate stage. This Court would, at this interlocutory stage, be slow to enter into disputed questions of fact or undertake a detailed assessment of the material which is yet to be fully placed before the learned Family Court. 17. It is also relevant that the direction for payment of Rs.10,000/- each to respondent nos.1 and 2 is not a final determination of the petitioner's liability towards maintenance. The same is expressly ad-interim in nature and remains subject to the final consideration of the interim maintenance application by the learned Family Court. Consequently, no prejudice would be caused to the petitioner by permitting the learned Family Court to examine all the aforesaid contentions after completion of the pleadings and upon consideration of the material that may be placed before it by both sides. 18. In case, upon completion of pleadings and consideration of the income affidavits and other relevant material, the learned Family Court arrives at a different determination regarding the amount payable by the petitioner towards interim maintenance, the amount already paid by him pursuant to the 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 15/09/2026 at 12:43:10 CRL.REV.P.(MAT.) 541/2026 impugned order shall necessarily be duly taken into account and adjusted while determining the amount payable in the further proceedings. The petitioner, therefore, retains the opportunity to place all his objections and supporting material before the learned Family Court, where the question of the appropriate quantum of interim maintenance can be considered comprehensively. 19. Insofar as the consequential order dated 23.07.2026 is concerned, the same emanates from the maintenance order under execution and does not furnish any independent ground for interference once this Court finds no reason to set aside the underlying ad-interim maintenance order. The petitioner would, however, be at liberty to raise all permissible objections before the learned Family Court in the pending proceedings in accordance with law. 20. In view of the aforesaid, this Court finds no perversity, material illegality or jurisdictional error warranting interference in exercise of revisional jurisdiction. 21. The present revision petition is, accordingly, dismissed. The pending applications, if any, also stand disposed of. 22. The learned Family Court shall consider the petitioner's contentions and the material placed on record by the parties in accordance with law, uninfluenced by any observation made herein. 23. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 14, 2026/JYH/P 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 15/09/2026 at 12:43:10