Disposed

Amit Chawla v. Pooja Chawla & Anr.

Delhi HC6 Feb 2024CRL.M.C./4197/2022

Case brief

AI extract

What is this about?

High Court petition challenging dismissal of an appeal against an interim maintenance order for a child. As the Trial Court had meanwhile reduced the maintenance amount by a later order, the High Court held the petition no longer survived and disposed of it with leave to pursue fresh remedies.

What did the court decide?

Petition disposed of with clarification that petitioner may seek remedies against the Trial Court's modification order of 02.09.2023.

Amit Chawla Vs Pooja Chawla & Anr. — Maintenance and Alimony | Delhi HC (2024)

¶1

$~41

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4197/2022 & CRL.M.A. 21749/2022 AMIT CHAWLA ..... Petitioner

¶3

Through: Mr.Ashwin Kr. Nair, Mr.Sahil Mahajan and Mr.Abhimanyu Goel, Advs.

¶4

versus

¶5

POOJA CHAWLA & ANR.

¶6

..... Respondents Through: Mohd. Azhar and Mr.Sarthak Sharma, Advs.

¶7

CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R

¶8

% 06.02.2024 1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, (in short, ‘Cr.P.C.’) challenging the order dated 30.03.2021 passed by the learned Principal District and Sessions Judge, North District, Rohini Courts, New Delhi (hereinafter referred to as ‘PDSJ’) in CA No. 19/2021, titled Amit Chawla v. Pooja Chawla & Anr. , by which the learned PDSJ was pleased to dismiss the appeal filed by the petitioner herein.

¶9

The petitioner by way of the said appeal had, in turn, challenged the Order dated 14.02.2020 passed by the learned Metropolitan Magistrate, Mahila Court-01, North District, Rohini Courts, Delhi (hereinafter referred to as ‘Trial Court’) in Complaint Case No. 3226/2017, titled Pooja Chawla v. Amit Chawla , whereby the petitioner was directed to pay interim maintenance of Rs.16,100/- per

¶10

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 13/12/2024 at 14:58:14

¶11

month, towards the maintenance of the child, from the date of filing of the said complaint, that is, 09.03.2016.

¶12

During the pendency of the present petition, the petitioner filed an application seeking modification of the Order dated 14.02.2020 before the learned Trial Court. The said application has been partially allowed by the learned Trial Court vide its Order dated 02.09.2023, reducing the amount of maintenance to Rs.8,300/-, however, with effect from 15.05.2023.

¶13

The learned counsel for the petitioner submits that the said order is liable to be set aside by this Court inasmuch as it does not reduce the maintenance amount retrospectively from the date of filing of the application/complaint by the respondent before the learned Trial Court, but instead grants the relief of reduction to the petitioner only having effect from 15.05.2023.

¶14

In my opinion, as the order dated 14.02.2020 has been modified by the learned Trial Court, the petitioner, if aggrieved of the order dated 02.09.2023, has to avail of his remedies in accordance with law. 6. In view of the above, the present petition no longer survives in view of the Order dated 02.09.2023. The same is disposed of with the above clarification and leave to the petitioner. The pending application also stands disposed of having become infructuous.

¶15

NAVIN CHAWLA, J

¶16

FEBRUARY 6, 2024 /ns/AS

¶17

Click here to check corrigendum, if any

¶18

Amit Chawla v. Pooja Chawla & Anr.

Case brief

What is this about?

What did the court decide?

Amit Chawla v. Pooja Chawla & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Maujiram & Anr. Vs the State (Govt. of NCT of Delhi) & Anr.

Akash Rawat Vs State of NCT of Delhi and Anr.

Kamal Aggarwal Vs the Govt of NCT of Delhi and Anr.

Aman Chauhan Vs State of NCT of Delhi and Anr.

Mrs Ritika Pant & Anr. Vs the State (N.C.T.) Delhi & Ors.

Himanshu Chopra Vs State & Anr.