Krishna Kumari vs Surender Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Del) 367

IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma
Krishna Kumari – Appellant
Versus
Surender Singh – Respondent

Advocates Appeared:
For the Petitioner:Mr. K.S Negi, Mr. Nikhil Rajput, Mr. Pranav Jagati and Mr. Piyush Negi, Advocates alongwith Petitioner.
For the Respondent:Mr. Shaharyar Ali, Advocate

JUDGMENT :

Swarana Kanta Sharma, J.

1. This revision petition has been preferred by the petitioner, assailing the order dated 03.09.2024 [hereafter 'impugned order'], passed by the learned Judge, Family Courts, South District, Saket, New Delhi [hereafter 'Family Court'], by way of which the application (Misc Crl. 9/2018) filed by the petitioner under Section 127 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C.'], seeking enhancement of amount of maintenance, came to be dismissed.

2. The brief facts of the case, as disclosed in the petition, are that the marriage between the petitioner-wife and the respondent-husband was solemnized on 28.04.1990. No child was born from the wedlock. The petitioner alleges that she was subjected to physical and mental harassment by the respondent and his family, including on account of dowry demands. It is her case that the respondent deserted her on 07.02.1992 and began residing with his parents. The record reveals that the respondent had filed a petition for restitution of conjugal rights against the petitioner, which was dismissed on 16.05.1997. He thereafter instituted divorce proceedings (HMA 787/2001) and in the said petition, the conc