$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 10th July, 2025 + CRL.REV.P.(MAT.) 266/2025, CRL.M.A. 17180/2025 MR GURPRATAP SINGH .....Petitioner Through: Ms. Shilpa Ohri, Mr. Sanyam Khetarpal and Ms. Prakriti Anand, Advocates.
versus AASHNA KAUR .....Respondent Through: Ms.Kajal Chandra & Ms.Hatneimawi, Advocates with Respondent.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHN J U D G M E N T (oral)
1. Revision Petition under Section 438 read with Section 442 of Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) and Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) has been filed on behalf of the Petitioner, Sh. Gurpratap Singh for setting aside the Order dated 09.05.2025 of Ld. Judge, Family Courts, New Delhi vide which ad-interim maintenance in the sum of Rs.1,00,000/- per month has been granted to the Respondent, Smt. Aashna Kaur.
2. Briefly stated, the Petitioner, Sh. Gurpratap Singh and Respondent, Smt. Aashna Kaur got married on 03.04.2022 but because of their matrimonial differences, they separated on 09.04.2023.
3. Respondent/wife, Smt. Aashna Kaur filed a Petition under Section 144 BNSS seeking monthly maintenance, Notice of which was issued to the Petitioner, Sh. Gurpratap Singh.
4. It is asserted the Respondent, Smt. Aashna Kaur is a highly qualified and accomplished individual with an extensive academic background and a strong professional trajectory. She holds Degrees of Bachelor of Arts in Psychology and Sociology, Master of Arts in Psychology with specialization in Organizational Behaviour, an Executive Post Graduate Diploma in Management (PGDM) and a Certification in Personnel Management and Human Resources.
5. Professionally, she has gained significant Industry exposure through her tenure at HCL Technologies, where she was engaged in high-level HR functions and was notably responsible for assisting Google as a client. In addition to her corporate experience, she has contributed meaningfully to the academic and policy research landscape. She served as a Project Junior Consultant at the National University for Educational Planning and Administration (under the Ministry of Human Resource Development, Government of India) in New Delhi.
6. It is further submitted that on 12.12.2024, during the pendency of the Petition, Parties were referred to Counselling in Family Court, New Delhi. Subsequently, on 24.03.2025, Parties were referred to Delhi High Court Mediation Centre in a connected matter between them in case No. WP(CRL.) 2968/2024 titled as Gurpratap Singh vs. State of NCT of Delhi and Anr..
7. From 12.12.2024 to 01.05.2024, the matter was adjourned before the Ld. Trial Court on account of it being pending before Mediation. On 01.04.2025, for the first time, the Respondent, Smt. Aashna Kaur served one of her Bank Statements to the Petitioner, Sh. Gurpratap Singh after an inordinate delay and till date she has not filed her entire Bank Account Statements with the Income Affidavit. A bare perusal of the Bank Statement would show that the same are incomplete as the same does not even illustrate or show the available balance in her account.
8. On 01.05.2025, since the matter could not be settled between the parties, it was sent back to the Ld. Trial Court for adjudication. On 03.05.2025, parties had again shown an inclination towards an amicable resolution, but the Respondent, Smt. Aashna Kaur insisted on an interim maintenance to be fixed. The Petitioner, Sh. Gurpratap Singh informed the Court that mediation had failed between them only two days earlier and it would take two weeks to file an „apostilled’ Income Affidavit under the signatures of the Petitioner, Sh. Gurpratap Singh, since he is based in Melbourne, Australia.
9. However, despite the request of the Petitioner, Sh. Gurpratap Singh the matter was fixed for 09.05.2025 directing the Respondent, Smt. Aashna Kaur to appear through Video Conferencing. On the said date, the Petitioner, S
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