$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 279/2021, CRL.M.A. 14315/2021, CRL.M.A.

28192/2023, CRL.M.A. 15939/2024 DEEPA RAGHAV .....Petitioner Through: Mr. Pinaki Addy, Advocate.

versus AMIT RAWAL .....Respondent Through: Mr. Durgesh Kumar Sharma, Advocate. CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 17.12.2025

1. This revision petition is directed against order dated 16^th August, 2019 whereby interim maintenance has been awarded in favour of the Petitioner for an amount of INR 6000/- per month.

2. The relationship between Petitioner (wife) and Respondent (husband) is not disputed. They got married on 7^th March 2014. Parties do not have any children from this marriage. The marriage was short-lived, and the parties separated on account of marital discord and temperamental differences barely one and half years later. Various legal proceedings are ongoing between the parties.

3. Unable to sustain herself, the Petitioner filed a petition under section 125 Code of Criminal Procedure, 1973, “CrPC”. During the pendency of those proceedings, the Petitioner moved an application seeking interim

maintenance. Upon consideration of the respective income affidavits and material placed on record, the Family Court passed the following order:

“The petitioner and the respondent filed their respective income affidavits. The petitioner in the income affidavit stated that she is Graduate and without any professional qualification. The petitioner is studying and not earning. The petitioner is incurring monthly expenditure of Rs.36,399. The petitioner is staying with her father who is businessman and having income of Rs.1,50,000/- per month Regarding the respondent, the petitioner stated that the respondent is MBA and is running his own Dharamkanta (Om Dharamkanta and earning Rs.2,50,000/- besides earning of Rs.2,00,000/- per month from the business of sale and purchase of plots/land The respondent is staying in the matrimonial home and has property. The petitioner has also detailed about her monthly expenditure.

The respondent in the Income affidavit stated that he is 12^th class passed and is doing private job with monthly income of Rs.10,500/-. The respondent is not assessed to income tax. The family members are partly dependent upon the respondent Regarding the petitioner, the respondent stated that she is pursuing B.Com and used to give tuition to the students to 10th level with earning of Rs.20,000/-per month. The petitioner is residing with her parents.

The petitioner and the respondent got married on 07.03.2014 according to Hindu rites and customs and out of their marriage, no child was born. The petitioner and the respondent due to the matrimonial differences are living separately. The respondent stated that the petitioner used to give tuition before marriage to the students to 10 level and used to earn more than Rs.20,000/- per month. However, the respondent in income affidavit stated that at present the petitioner is not earning. The petitioner also stated that she is not earning and is studying.

The petitioner stated that the respondent is running a Dharamkanta(Om Dharamkanta) with monthly earning of Rs.2,50,000/- besides earning of Rs.2,00,000/-per month from the business of sale and purchase of plots/properties. The respondent stated that he is earning Rs. 10,500/- per month by doing a private job. Neither the petitioner nor the respondent placed any document which can reflect the monthly earning of the respondent as alleged by the petitioner. There is no concrete material available on the record which can reflect the monthly income of the respondent. The monthly income of the respondent is required to be assessed on the basis of material available on record on reasonable estimation. The respondent is appearing not much educated and without any professional qualification. The respondent is not assessed to income tax. After considering all facts, the monthly income of the respondent is assessed at Rs. 20,000/-.

The respond