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2025 Supreme(Online)(Del) 46725

IN THE HIGH COURT OF DELHI AT NEW DELHI
KANHAIYA RAM GUPTA VS. STATE (GOVT. OF NCT DELHI)
CRL.REV.P.(MAT.) 592/2025



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$~27

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P.(MAT.) 592/2025, CRL.M.A. 38632-38635/2025

MOHAN SINGH .....Petitioner

Through: Mr. Mohit Paul, Advocate

(DHCLSC) with Ms. Rangoli Seth,

Mr. Rohit, Advocates.

versus

MEENU .....Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 23.12.2025

1. This revision petition assails the interim order dated 11th July, 2025

passed by the Family Court-03, Shahdara District, Karkardooma Courts,

Delhi in MT Case No. 63 of 2024, whereby interim maintenance of INR

3,000/- per month has been awarded in favour of the Respondent in

proceedings instituted under Section 125 of the Code of Criminal Procedure,

1973.1

2. The relationship between the parties is not disputed. The Petitioner

(husband) married Respondent (wife) on 20th November, 2013 as per Hindu

rites and customs. Parties had a son from this marriage who unfortunately

deceased in 2024. Owing to marital discord, the parties have been living

separately. The Respondent thereafter instituted proceedings under Section

1 “CrPC”

CRL.REV.P.(MAT.) 592/2025 Page 1 of 5

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 19/01/2026 at 21:51:26

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125 CrPC seeking maintenance, in which the application for interim

maintenance came to be decided by the impugned order.

3. Counsel for the Petitioner submits that the grant of ad-interim

maintenance is legally unsustainable, as the Petitioner is presently

unemployed and has no independent source of income. It is contended that

the Family Court erred in presuming that the Petitioner has the means to pay

maintenance merely on account of his age, despite medical records

indicating that he has been suffering from mental health issues and has

remained out of employment for a considerable period.

4. It is further urged that the Respondent is gainfully employed as a

domestic help and is capable of maintaining herself. She has suppressed her

income and made contradictory disclosures before the Family Court. It is

also contended that the Petitioner is entirely dependent on his father’s

limited income, which is barely sufficient to sustain the household, and in

these circumstances, the direction to pay interim maintenance of ₹3,000/-

per month is arbitrary and warrants interference.

5. This Court has considered the rival submissions and perused the

record. The challenge is to an order granting interim maintenance. It is well

settled that interim maintenance is fixed on a prima facie assessment of the

material placed on record, with the object of ensuring subsistence during the

pendency of proceedings. At this stage, the Court is not expected to

undertake a detailed fact-finding exercise or conduct a mini-trial.

Interference in revisional jurisdiction is warranted only where the discretion

exercised by the Trial Court is shown to be perverse, arbitrary, or manifestly

illegal.

6. The impugned order reflects a detailed and reasoned consideration of

CRL.REV.P.(MAT.) 592/2025 Page 2 of 5

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 19/01/2026 at 21:51:26

##PAGE3##

the material placed before Court. The relevant observations read as under:

“9. Heard the parties. Perused the record.

10. Apart from the income and assets affidavit filed by the

respondent, he has filed his copy of the Aadhar Card and the PAN card,

statement of account of Delhi State Cooperative Bank, and his medical

documents.

11. Also, the petitioner has filed her own income and assets affidavit.

The petitioner has filed her own documents ts i.e. copy of ID proof.

Marriage photograph, a copy of the birth certificate of child.

12. The marriage stands admitted. It is also an admitted position that

the male child born out of the wedlock had expired, and the copy of the

death certi

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