This court set aside an interim maintenance order Rs.15,000 for lack of reasons, remanding the matter to the Family Court under Section 151 CPC to reconsider the issue expeditiously without deciding merits.
Order dated 10.12.2020 setting interim maintenance at Rs.15,000 set aside; matter remanded to Family Court for reconsideration.
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AKBAR HUSSAINI .....Petitioner Through: Mr.Ankur Sinha, Adv.
versus
MST. SHIREEN NAQVI & ANR. .....Respondents Through: Mr. Shivom Garg, Advocate
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
Present petition has been field challenging the order dated 10.12.2020 vide which the interim maintenance in the sum of Rs.10,000/- per month to the respondent wife and Rs.5000/- per month to the respondent child has been granted by the learned trial court.
At the outset, it has been observed that the learned Judge, Family Court, South East, Saket Courts has not given any reason for reaching to the figure of Rs.15,000/-. Any judicial order without reason can stand the scrutiny and is liable to be set aside. Hence, without going into the merits the case, the order dated 10.12.2020 is set aside and the matter is remanded back to the learned Judge, Family Court, South East, Saket Courts, New Delhi.
In Kranti Associates Pvt. Ltd. &Anr. v. Masood Ahmed Khan & Ors. (2010) 9 SCC 496, the Supreme Court reiterated that every judicial or quasi-
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 03/10/2024 at 12:48:24
judicial order must provide reasons to ensure that justice is not only done but is seen to be done. The absence of reasons could lead to arbitrariness, and thus, judgments without reasons are liable to be set aside.
Learned Judge, Family Court, South East, Saket Courts is directed to reconsider the matter for the interim maintenance taking into account the entire material on record and pass an order in accordance with the law. learned Judge, Family Court, South East, Saket Courts is requested to consider and decide the interim maintenance expeditiously without any delay.
However, it is made clear that this court has not gone into the merits of the case and no expression made herein shall tantamount to be an expression on the merits of the case.
The petition along with all the pending applications stands disposed of.
DINESH KUMAR SHARMA, J
SEPTEMBER 26, 2024 rb/na
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 03/10/2024 at 12:48:24
2 issues framed by the court
Whether the trial court order fixing interim maintenance was liable to be set aside for lack of reasons.
Whether the order below was liable to be remanded for reconsideration of interim maintenance.
Colour shows how this judgement treated each authority
Kranti Associates Pvt. Ltd. &Anr. v. Masood Ahmed Khan & Ors.Relied on¶10
(2010) 9 SCC 496 · Who else cites this
AKBAR HUSSAINI
MST. SHIREEN NAQVI
DINESH KUMAR SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
