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DELHI HIGH COURT
VIBHU BAKHRU
Ajay Gupta – Appellant
Versus
Sonia Gupta – Respondent
| Table of Content |
|---|
| 1. context of maintenance petition (Para 1 , 4) |
| 2. evidence by affidavit in maintenance proceedings (Para 2 , 5 , 12 , 50) |
| 3. requirements for evidence under cr.pc (Para 7 , 8 , 9 , 10 , 11) |
| 4. family courts' discretion on procedure (Para 18 , 20 , 28 , 47) |
| 5. civil nature of maintenance proceedings (Para 24 , 36 , 46) |
JUDGMENT
Vibhu Bakhru, J. The petitioner has filed the present petition, inter alia, impugning an order dated 14.03.2019 (hereafter the `impugned order') passed by the learned Principal Judge, Family Courts, Tis Hazari Courts (the Family Court) in Maintenance Petition No. 142/2014 titled `Sonia Gupta v Ajay Gupta'. By the impugned order, the Family Court, inter alia, rejected the petitioner's application under Section 126 of the Code of Criminal Procedure, 1973 (hereafter `Cr.PC') praying that the evidence filed by the respondent by way of an affidavit (Ex.PW1/A) be struck off and the respondent be directed to examine herself in accordance with the procedure prescribed under Cr.PC.
2. The petitioner contends that the proceedings under Section 125 Cr.PC are required to be conducted in accordance with the procedure prescribed under Section 126 Cr.PC. It is
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