Disposed

Ashish Chadha v. Master Aarav Chadha (Minor) Thr. His Natural Guardian (Mother) Next Friend Nomit Chadha

Delhi HC14 Feb 2024CRL.REV.P./63/2020

Case brief

AI extract

What is this about?

Revision petition challenged an interim maintenance order of Rs. 25,000/- monthly to a minor child. With no arrears under the stayed arrangement of Rs. 20,000/- and the trial at evidence stage, parties agreed to continue interim arrangements till disposal, with liberty to seek enhancement if trial exceeds six months.

What did the court decide?

Interim maintenance arrangement of Rs. 20,000/- per month continued till trial disposal; trial court directed to expedite; liberty to seek enhancement if not disposed within six months.

Ashish Chadha Vs Master Aarav Chadha (Minor) Thr. His… — Maintenance and Alimony | Delhi HC (2024)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.REV.P. 63/2020

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ASHISH CHADHA ..... Petitioner

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Through: Mr. Praveen Kumar and Mr. Dilip Gupta, Advocates.

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versus

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MASTER AARAV CHADHA (MINOR) THR. HIS NATURAL GUARDIAN (MOTHER) NEXT FRIEND NOMIT CHADHA

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..... Respondent

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Through: Dr. Shambhuji, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 14.02.2024

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The present petition under Sections 397/401 of the CrPC seeks the

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following prayers:

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“IN THE PREMISES STATED HEREIN ABOVE THE PETITIONER ABOVE NAMED MOST RESPECTFULLY PRAYS THAT THIS HON'BLE COURT MAY BE PLEASED TO:

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a) Set aside / modify the order dated 16.11.2019 passed by Sh. M.C. Gupta, Ld, Judge, Family court, Rohini, Delhi in Mt. No. 57314/16 titled as "Master Aarav Chadha (minor) through his natural guardian (mother) / next friend Smt. Nomita Chadha vs. Sh. Ashish chadha" in the interest of justice or;

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b) Reduce the per month interim maintenance of Rs 25,000/- to any other amount as deemed fit and proper by the Honb'le Court.

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c) Call for and peruse the record pertaining to M.T. No. 57314/16 titled as "Master Aarav Chadha (minor) through his natural guardian (mother) / next friend Smt. Nomita Chadha vs. Sh. Ashish Chadha pending before Sh. Deepak Garg, Ld, Judge, Family Court, Rohini, Delhi.

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d)Any other order or order(s) which this hon'ble court may deem fit and proper in the circumstances may also be awarded in favor of the Petitioner.”

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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 17/12/2024 at 15:23:24

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Vide the impugned order, the petitioner was directed to pay Rs. 25,000/- per month to the minor child namely, Master Aarav Chadha, through his natural guardian, i.e., his mother/respondent herein, as interim maintenance from the date of filing of the petition, i.e, 02.01.2017 till its final disposal. The said maintenance was to be paid to the minor child by the 10th day of each calendar month.

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Vide order dated 22.01.2020, the learned predecessor bench of this Court has stayed the impugned order, subject to the petitioner paying a sum of Rs. 20,000/- per month as interim maintenance to the minor child, by or before the 10th day of every calendar month.

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Learned counsel for the petitioner, on instructions, submits that so far as the aforesaid sum of Rs. 20,000/- is concerned, there are no arrears. Learned counsel for the respondent confirms the same.

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Learned counsel for the petitioner submits that the proceedings before the learned Trial Court are pending at the stage of evidence.

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In view of the above, learned counsel for the parties submit that the interim arrangement as directed by this Court vide order dated 22.01.2022 may be continued till the disposal of the case pending before the learned Trial Court. It is also prayed that the learned Trial Court may be directed to expedite the proceedings and in case the matter is not disposed of within 06 months, the respondent may be granted the liberty to move a fresh application for enhancement of interim maintenance, if so advised, on the basis of documents.

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Directed accordingly.

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The present petition is disposed of with the above directions.

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Pending applications, if any, also stand disposed of.

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This is a digitally signed order.

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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 17/12/2024 at 15:23:24

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Order be communicated to the learned Trial Court for necessary information and compliance.

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AMIT SHARMA, J

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FEBRUARY 14, 2024

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This is a digitally signed order.

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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 17/12/2024 at 15:23:24

Ashish Chadha v. Master Aarav Chadha (Minor) Thr. His Natural Guardian (Mother) Next Friend Nomit Chadha

Case brief

What is this about?

What did the court decide?

Ashish Chadha v. Master Aarav Chadha (Minor) Thr. His Natural Guardian (Mother) Next Friend Nomit Chadha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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