The High Court disposed of a criminal revision petition challenging an ad-interim maintenance order, treating it under BNSS provisions due to its filing date, and declined to interfere with the maintenance order while preserving the petitioner's remedies before the Family Court.
Petition disposed of without interference with maintenance order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~193
GOPAL AGARWAL .....Petitioner
Through: Mr. Akash Vajpai and Mr. Kaushlendra D. Pandey, Advocates.
versus
SMT KAVITA AGARWAL & ANR. .....Respondents Through:
CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R % 09.09.2024
CRL.M.A. 27154/2024 (exemption)
Exemption granted, subject to just exceptions.
Let requisite compliances be made within 01 week.
The application stands disposed of.
CRL.REV.P. 1117/2024
By way of the criminal revision petition filed under sections 397/401 of the Code of Criminal Procedure 1973, the petitioner impugns order dated 22.07.2024 passed by the learned Judge, Family Court, Saket Courts, Delhi directing the petitioner to pay ad-interim maintenance of Rs.10,000/- each to his wife and son, per month, from the date of filing of the petition till the disposal of the petition and to clear arrears, within 03 months in 03 equal instalments.
Page 1 of 3
CRL.REV.P. 1117/2024
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 02/07/2025 at 12:58:30
Page 2 of 3
CRL.REV.P. 1117/2024
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 02/07/2025 at 12:58:30
ANUP JAIRAM BHAMBHANI, J
SEPTEMBER 9, 2024/ ak
Page 3 of 3
CRL.REV.P. 1117/2024
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 02/07/2025 at 12:58:30
2 issues framed by the court
Whether a criminal revision petition filed after 01.07.2024 regarding interim maintenance should be governed by CrPC 1973 or BNSS 2023?
Whether the High Court should interfere with an order directing payment of ad-interim maintenance in revisional jurisdiction?
3 provisions across 2 enactments
GOPAL AGARWAL
SMT KAVITA AGARWAL
ANR.
ANUP JAIRAM BHAMBHANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
