Husband challenged a Sessions Court order upholding ad-interim maintenance of Rs. 40,000 per month awarded to his wife by the Magistrate in a DV Act petition, claiming his income affidavit was unauthorised and overstated expenses. The High Court held the ad-interim maintenance order was interlocutory and dismissed the revision petition.
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.
$~66
CHAND SETH .....Petitioner
Through: Mr. Kunal Narang, Advocate.
versus
NIKHILA SETH .....Respondent
Through: None.
CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R % 09.01.2025
CRL.M.A. 285/2025 (exemption)
Exemption granted, subject to just exceptions.
The application stands disposed-of.
CRL.REV.P.(MAT.) 3/2025
By way of the present revision petition filed under sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the petitioner impugns judgment dated 30.09.2024 passed by the learned ASJ, Karkardooma District Courts, Delhi, whereby the learned Sessions Court has been pleased to uphold order dated 09.06.2023 passed by the learned Metropolitan Magistrate, Mahila Court, Karkardooma District Courts, Delhi.
CRL.REV.P.(MAT.) 3/2025
Page 1 of 3
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 24/01/2025 at 14:22:23
maintenance of Rs. 40,000/- per month from the date of filing of the petition under section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’) till disposal of the petition or till such time as the wife is entitled to receive the maintenance, whichever is earlier.
CRL.REV.P.(MAT.) 3/2025
Page 2 of 3
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 24/01/2025 at 14:22:23
ANUP JAIRAM BHAMBHANI, J
JANUARY 9, 2025/ ak
CRL.REV.P.(MAT.) 3/2025
Page 3 of 3
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 24/01/2025 at 14:22:23
1 issue framed by the court
Is a Magistrate's ad-interim maintenance order an interlocutory order not open to revision under BNSS?
2 provisions across 2 enactments
Chand Seth
Nikhila Seth
Anup Jairam Bhambhani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
