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2025 Supreme(Online)(Del) 4410
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Narula, J
AZAM HUSSAIN – Appellant
Versus
TANVIR – Respondent
CRL.REV.P.(MAT.) 355/2025
For the Appellants/Petitioners: Mohd. Shamikh, Mr. M.R. Zaidi
For the Respondents: Ms. Heena, Mohd. Hasan
Interim maintenance orders are provisional and must be based on reasonable assessments of income, not exhaustive evidence.
Headnote:The judgment deals with a revision petition concerning interim maintenance under the Bharatiya Nagarik Suraksha Sanhita, 2023. The Family Court granted interim maintenance awards based on a prima facie assessment of income, which was contested by the petitioner. The petitioner claimed that the awarded amounts were excessive relative to his earnings. The court held that the Family Court had disregarded certain material evidence and thus remanded the matter back for fresh consideration while maintaining an interim maintenance amount as a temporary measure. 'The award of maintenance @ Rs. 5,000/- per month is only tentative in nature and shall be treated as “ad-interim maintenance”.'
| Table of Content |
|---|
| 1. summary of marriage and interim maintenance award. (Para 1 , 2) |
| 2. nature of interim maintenance orders and assessment methodology. (Para 3 , 4) |
| 3. arguments regarding income and previous assessments by the court. (Para 5 , 6 , 7) |
| 4. court's decision to remand and reassess based on appropriate evidence. (Para 10 , 11) |
| 5. final disposal directions for reassessment of maintenance. (Para 14) |
O R D E R
% 04.08.2025
1. The present revision petition filed under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita , 20231 (corresponding to Section 397 read with Section 401 of the Code of Criminal Procedure , 19732) is directed against order dated 1st May, 2025, passed by the Family Court-02 North East, Karkardooma Courts, Delhi in MT No. 279/2024 titled Smt. Tanvir & Ors. v. Sh. Azam Hussain. By the impugned order, the Court, while adjudicating the Section 125 CrPC application, has granted a monthly interim maintenance of INR 6,000/- to Respondent No. 1 and INR 4,000/- to Respondent No. 2 from the date of filing of the application till further order.
2. The Petitioner married Respondent No. 1 on 6th July, 2023, in
CRL.REV.P.(MAT.) 355/2025 Page 1 of 5 accordance with Muslim rites and customs. From this marriage, the parties have one daughter, aged one and a half years, who is in the custody of Respondent No. 1. Due to marital discord and differences, the parties have separated.
3. At the outset, it is important to note that the order under challenge pertains to interim maintenance, a purely interlocutory arrangement intended to provide sustenance during the pendency of the main proceedings. Such orders are inherently fluid and provisional in nature, meant to address immediate needs without foreclosing or predetermining issues that will be adjudicated at trial.
4. It is well settled that, while adjudicating an application for interim maintenance, the Court is not required to undertake a meticulous assessment of evidence akin to a full-fledged trial. Instead, the Court is expected to make a broad and reasonable estimation based on the financial disclosures placed on record.
5. Counsel for the Petitioner urges that the maintenance awarded is excessive and does not commensurate with the Petitioner’s earning. He emphasizes that the Petitioner is a labour and earns only INR 12,000/- and relies on an income certificate issued by the Tehsildar, District Meerut, Uttar Pradesh.
6. Despite the above, the Family Court made a prima facie assessment that the Petitioner’s income falls between INR 15,000/- to INR 20,000/- per month, based on the following reasoning:
“12. The respondent has stated in his income and expenditure affidavit that he is a labour and earning about Rs.12000/- per month and also filed a copy of the income certificate issues by Tehsildar, District Meerut, 2 “CrPC”
CRL.REV.P.(MAT.) 355/2025 Page 2 of 5 Uttar Pradesh. The respondent has also placed on record his bank statement of HDFC Bank, Sheela Palace Branch, Meerut City, UP for the period from 03-01-2023 to 08-11-2023 only of one year when directions was given to file the Bank statement of the last three years. Although in his income affidavit it is mentioned by the respondent in para F(9) that he has furnished all accounts for the last three years. This very conduct of the respondent shows that he is intentionally concealing his true income. However, the bank statement for the year 2023 reflects entries such as on 07-07-2023 of Rs.1,50000/- of which no explanation given and further continuous entries of Rs.2000/- and more in a month only. There is also credit entry of Rs.20,400/- on 27-01-2023. No bank statement filed by the respondent for the year 2022 and 2024. From the perusal of the bank statement of respondent, it can be assessed at this stage that respondent is earning more than Rs.12000/- and his income is assessed between Rs.15000/- to Rs.20,000/- per month.
13. The respondent has moral and social duty to maintain her wife and
