$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 02.12.2025 Judgment pronounced on: 10.12.2025 Judgment uploaded on:10.12.2025 + CRL.REV.P.(MAT.) 114/2024 & CRL.M.A. 35549/2024 PARWEZ KHAN .....Petitioner Through: Mr. Firoz Iqbal Khan, Mr.

Mohammad Faizan, Mr. Sajid Ahmed, Advocates versus SHABNAM ARA & ANR. .....Respondents Through: None.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

DR. SWARANA KANTA SHARMA, J

1. By way of the present revision petition, the petitioner seeks setting aside of the ad - interim maintenance order dated 16.07.2024 passed by the learned Judge Family Court-01, South, Saket Court, New Delhi in MT case no. 323/2023 in case titled as ‘Shabnam Ara v. Parwez Khan.’

2. Briefly stated, the facts of the present case are that the marriage between respondent no.1 and the petitioner had been solemnized on 22.06.2018, as per Muslim rites and ceremonies. The said marriage had been duly consummated, and one daughter,i.e respondent no.2 herein, had been born out of the wedlock. It had been alleged by the respondent no.1/wife, in her petition under Section 125 of Cr.P.C., that while she had been happy in the matrimonial relationship, the petitioner/husband had been dissatisfied with the marriage as he had been expecting a substantial dowry from her family. It had further been stated that the respondent no.1/wife is a housewife having no independent source of income. It was also stated that she has been taking care of her minor school-going daughter, aged about three and a half years. The learned Family Court, after considering the respective financial and social status of both parties, their income and expenditure, and the overall circumstances of the case, had vide order dated 16.07.2024, directed the present petitioner/husband to pay a sum of ₹15,000/- per month to the respondent no.1/wife and ₹15,000/- per month to the respondent no.2/minor child as interim maintenance under Section 125 of Cr.P.C., from the date of filing of the application, i.e. 19.08.2023, till disposal of the petition. The learned Family Court had further directed that the arrears of interim maintenance be cleared within three months in three equal installments and that monthly payments be made by way of demand draft or bank transfer to the account of the respondent no.1/wife on or before the 10th day of each calendar month. The petitioner husband is before this Court assailing the said order.

3. The learned counsel for the petitioner argues that the learned Family Court had erred in awarding interim maintenance to the respondent-wife and the minor child without appreciating the facts and circumstances of the case in their proper perspective. It is submitted that the respondent no.1/wife is a well-educated woman holding a Master’s degree in Business Administration and is fully capable of securing gainful employment to support herself. However, the learned Family Court overlooked this aspect and proceeded to grant maintenance, thereby encouraging undue dependency rather than promoting self-sufficiency. It is further contended that the petitioner/husband has several financial obligations, including the responsibility of caring for his ailing and elderly parents, as well as extending moral and emotional support to his divorced sister and her child, which the Family Court failed to account for. In view of the above submissions, it is prayed that the impugned judgment dated

16.07.2024 passed by the learned Family Court be set aside.

4. The learned counsel for the respondents argues that the order of the learned Family Court is just, reasonable, and based on a proper appreciation of the facts. It is submitted that the respondent no.1/wife has no independent source of income and is medically unfit to undertake employment, while also being responsible for the care of her minor daughter, aged about three and a half years. The petitioner, on the other hand, is gainfully employed and has sufficient means to maintain his legally we