Allowed

Shiv Kumar v. the State Govt of NCT of Delhi & Anr.

Delhi HC2 Apr 2018CRL.REV.P./271/2018

Case brief

AI extract

What is this about?

In this criminal revision petition, Single Judge SP Garg disposed of the revision filed by a husband challenging Rs. 35,000 interim maintenance awarded to his wife. The court held the amount reasonable and ordered trial court to expedite disposal, allowing adjustments in future orders.

What did the court decide?

Revision petition disposed of; directions to Trial Court to expedite disposal; interim payments kept without prejudice for future adjustment.

Shiv Kumar Vs the State Govt of NCT of Delhi & Anr. — Maintenance and Alimony | Delhi HC (2018)

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$~31 *** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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DECIDED ON : 2^nd APRIL, 2018

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CRL.REV.P. 271/2018 SHIV KUMAR ..... Petitioner Through : Mr.Saquib N.Qureshi, Advocate with Mr.Sandeep Chaudhary, Advocate.

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versus

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THE STATE GOVT OF NCT OF DELHI & ANR

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..... Respondents Through : Ms.Radhika Kolluru, APP.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG

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S.P.GARG, J. (Oral)

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CRL.M.A.No. 5704/2018 (Exemption)

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Exemption allowed subject to all just exceptions.

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The application stands disposed of.

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CRL.REV.P. 271/2018

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Present revision petition has been preferred by the petitioner against the order dated 12.01.2018 of learned Judge, Family Court, whereby `35,000/- has been awarded as interim maintenance to the respondent wife from the date of filing of the petition till further orders.

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Crl.Rev.P.271/2018 Page 1 of 2

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Learned counsel for the petitioner urged that the amount granted is on the higher side and the petitioner has other responsibilities to maintain his parents and the adopted child.

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During the course of arguments, it was agreed that the amount paid shall be adjustable as and when final order on maintenance is passed. Excess amount, if any, shall be liable to be adjusted.

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Learned counsel for the petitioner further urges that the trial be expedited.

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Perusal of the file reveals that the salary of the petitioner is around 1,17,160/- (Annexxure ‘A3’) for the month of August, 2017. After deductions, net salary comes to 59,384/-. However, all the deductions are not compulsory. The GPF contribution is ` 45,000/-. The petitioner has also not disclosed the interest income from GPF contribution.

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Considering the facts and circumstances of the case, the impugned order granting interim maintenance @ `35,000/- cannot be termed ‘unreasonable’.

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The revision petition stands disposed of with the directions that the amount paid pursuant to the order shall be without prejudice and subject to future adjustment. The Trial Court shall expedite the disposal of the main petition.

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(S.P.GARG) JUDGE

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APRIL 02, 2018 / tr

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Crl.Rev.P.271/2018 Page 2 of 2

Shiv Kumar v. the State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Shiv Kumar v. the State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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