Abhishek Kumar v. Anshu
Case brief
What is this about?
Delhi High Court dismissed the appeal against Family Court order directing interim maintenance of Rs.5,500. Court held adultery allegations require trial proof and cohabitation validates support obligation.
What did the court decide?
Petition dismissed maintaining interim maintenance of Rs.5,500 per month.
What the court decided
$~71
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.REV.P. 839/2023 & CRL.M.A. 21479/2023 ABHISHEK KUMAR .....Petitioner Through: Mr. Neeraj Kumar, Advocate (Through V.C.).
versus
ANSHU .....Respondent Through: Mr. Rajeev Pratap Singh, Mr. Abhishek Gupta, Mr. Gaurav Chauhan & Mr. Umesh Gupta, Advocates alongwith Respondent-inPerson/Anshu.
CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R % 06.12.2024
- The present petition is filed impugning the order dated 25.02.2023 (hereafter the ‘ impugned order ’), passed by the learned Family Court, Tis Hazari Courts, Delhi in MT No. 357/2021.
- By way of the impugned order, the learned Family Court in a petition filed by respondent under Section 125 of the Code of Criminal Procedure, 1973 (‘ CrPC ’), has directed the petitioner to pay interim maintenance for a sum of ₹5,500/- per month to the respondent on the basis of the pay slip of the petitioner, from the date of the filing of the application.
- The learned counsel for the petitioner submits that the petitioner’s marriage with the respondent is invalid as per Hindu rites and ceremonies.
Issues for consideration
2 issues framed by the court
Whether allegations of adultery or invalidity of marriage absolve the husband of interim maintenance liability under Section 125 CrPC.
Whether mere photographs of company with another person constitute proof of adultery for denying interim maintenance.
Parties & counsel
- appellant
Abhishek Kumar
- respondent
Anshu
Coram
Amit Mahajan
Case details
As recorded by the court registry
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