Order on a correction application regarding typographical errors in an earlier order dated 14.11.2025 in a matrimonial matter involving interim maintenance and a Section 340 CrPC application. Typographical errors corrected, paragraphs 2, 4 and 5 clarified, and the respondent's modification application was dismissed as withdrawn.
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$~44
Through: Dr. Anil Kumar Bakshi, Adv. alongwith the petitioner
versus
SAURABH CHHABRA .....Respondent Through: Ms. Megha Malhotra, Adv.
CORAM:
% 21.11.2025
CM APPL. 73333/2025 (By petitioner for correction of order dated 14.11.2025)
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2. The relevant extract of the said order dated 01.03.2025 is reproduced as under:-
“It has been pointed by Ld. counsel for respondent that application under Section 340 C.P.C. filed by him is also listed for arguments. He has placed reliance on the judgment title Praveen R. Vs. Arpitha in Writ petition No. 19448 of 2015 (GM-FC) passed by Hon'ble High Court of Karnataka; Amit Bajpai Vs. State of U.P. & Anr. in Crml. Revision No. 3760 of 2023 passed by Hon'ble High Court of Allahabad in support of his submissions that the application under Section 340 CrP.C. has to be decided before the application for interim maintenance under Section 24 HMA.
In view of the submissions, this court is of the view that since the findings on allegations under Section 340 Cr.PC. might also have bearing on the right of the respondent to get the maintenance, the application under Section 340 Cr.P.C. shall be argued before the other applications.
Put up for further proceedings with the application under Section 340 Cr.P.C. on 08.04.2025.”
4. Accordingly, the present petition is allowed and the order dated 01.03.2025 is set aside.
5. Further, though HMA No.502/2023 was filed by the respondent/ husband in May, 2023, and the application under Section 24 of HMA therein has been filed by the petitioner/ wife for seeking maintenance on 30.10.2023. Despite thereto, the interim maintenance is yet to be fixed therein. As such, the learned Family Court is requested to decide the aforesaid aspect of fixation of the ad interim maintenance , if any, as early as possible, preferably within a period of six weeks from when the same is listed before the learned Family Court prior to adjudicating the application under Section 340 of the CrPC and the application under Section 24 of the HMA.”
[ Emphasis Supplied ]
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 26/11/2025 at 12:21:47
CM APPL. 73332/2025 (By respondent seeking modification of order dated 14.11.2025.)
SAURABH BANERJEE, J
NOVEMBER 21, 2025/Ab
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 26/11/2025 at 12:21:47
Priyanka
Saurabh Chhabra
Saurabh Banerjee
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
