CRL. REV. P. 71/2022

Page 1 of 24

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 5^th May, 2022

Pronounced on: 31^st May, 2022

+

CRL. REV. P. 71/2022 & CRL.M.A 2210/2022

AMIT SHARMA

..... Revisionist

Through:

Mr. Surender Chauhan and

Mr. Abhinav Kajal, Advocates

versus

SHELKKA SHARMA & ORS

..... Respondent

Through:

Ms. Swaty Singh Malik and

Ms. Tanvi Sharma, Advocates

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.

1.

The instant criminal revision under Section 397 read with Section

401 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C”) has been

filed for setting aside the impugned order dated 6^th August, 2020 passed by

Principal Judge, Family Courts, Dwarka, Delhi (hereinafter “learned

Principal Judge”) in Maintenance Case No. 327/2018 titled as Shelkka

Sharma & Ors. vs. Amit Sharma, by which the revisionist was directed to

pay maintenance of Rs. 25,000/- per month to respondent nos. 2 and 3,

each; and order dated 6^th March 2021 by which an application under

Section 127 of the Cr.P.C was dismissed.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002157

CRL. REV. P. 71/2022

Page 2 of 24

FACTUAL MATRIX

2.

Brief facts as transpired from the record are as follows:

i.Both the revisionist and the respondent got married on 11^th May,

2005, according to Hindu rites and ceremonies. Out of the said

wedlock two children were born. Master Aarav (respondent no. 2)

was born on 22^nd January 2008 in United States of America and

Master Ryan (Respondent no. 3) was born on 11^th January 2014 at

New Delhi. In or about June 2018, relationship between the parties

got strained. The Respondent no. 1 left the company of the revisionist

and on 5^th June 2018 filed a petition under Section 125 of the Cr.P.C

claiming maintenance of Rs. 1,00,000/- per month along with the

application of interim maintenance of Rs. 1,00,000/-, for herself and

her two minor sons.

ii.The revisionist, upon receipt of the notice in the aforesaid petition,

appeared and filed a detailed reply to the said petition under Section

125 of the Cr.P.C denying all the allegations.

iii.The Court below vide order dated 7^th August 2018 directed the

parties to file income details on affidavit. Both the parties filed their

respective income affidavits. Respondent no. 1 also filed her

rejoinder to the reply filed by the revisionist.

iv.On 29^th July, 2020 during the course of arguments on the application

seeking ad-interim maintenance, both the parties agreed that the date

of separation is November 2019 and from January 2020 onwards the

revisionist will pay school fees for both the children and will also pay

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002157

CRL. REV. P. 71/2022

Page 3 of 24

Rs. 15,000/- per month to meet their expenses by the end of each

month by transferring money in the bank account of the Respondent

no. 2 and 3. It was further agreed that the revisionist will pick both

the children on every Saturday at 12 Noon from the house of

respondent no.1 and drop back by 8 PM on Sunday.

v.The impugned order dated 6^th August 2020 was passed by the Court

below, wherein the revisionist’s income was assessed as Rs.

1,00,000/- per month and he was directed to pay Rs. 25,000/- per

month to Respondent no. 2 and 3, each, including their school fees

from the date of filing of the application. It was also held that

Respondent no. 1 herein is earning sufficient money to effectively

maintain herself and therefore she is not entitled to any amount of

maintenance.

vi.Thereafter, the revisionist filed an application under Section 127 of

the Cr.P.C for alteration and modification of order dated 6^th August

2020, which was dismissed vide impugned order dated 6^th March

2021.

vii.Being aggrieved by the orders dated 6^th August 2020 and 6^th March

2021, the instant Criminal Revision has been