Disposed¶23

Vidhu P Nair v. Advaith Nair

Delhi HC6 May 2025CRL.REV.P.(MAT.)/214/2025

Case brief

AI extract

What is this about?

Maintenance; Section 125 CrPC; Section 127 CrPC modification; interim maintenance merger; execution petition maintainability; arrears beyond majority; Section 438 BNSS 2023; Section 397 CrPC criminal revision; Family Court Patiala House Courts; CRL.REV.P.(MAT.) 214/2025; Crl. Rev. 855/2022; E.P. No. 8/2025; MT Case 55/2020; Rs. 50,000 per month interim maintenance; Neena Bansal Krishna.

What did the court decide?

Respondent permitted recovery of interim maintenance of Rs.50,000/- per month limited to the period from the Interim Order dated 05.11.2024 to the final dismissal on 06.02.2025; Petition disposed of along with pending Applications; exemption applications allowed subject to just exceptions. ¶23

Vidhu P Nair Vs Advaith Nair — Maintenance and Alimony | Delhi HC (2025)

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$~40

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.REV.P.(MAT.) 214/2025, CRL.M.A. 14017/2025 (stay), CRL.M.A.14018/2025 (condonation of delay) VIDHU P NAIR ....Petitioner

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Through: Mr. Tom Joseph, Mr. Arya Krishnan and Mr. Anugraha, Advocates.

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versus

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ADVAITH NAIR ..Respondent

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Through: None

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 06.05.2025

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CRL.M.A.14019/2025 & CRL.M.A.14020/2025 (Exemptions)

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Exemption allowed, subject to all just exceptions.

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The Applications stand disposed of.

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CRL.REV.P.(MAT.) 214/2025

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Criminal Revision Petition under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( Section 397 of the Code of Criminal Procedure, 1973 ) has been filed on behalf of the Petitioner, Mr. Vidhu P. Nair for setting-aside the impugned Order dated 03.03.2025 in Execution Petition No. 8/2025 in MT Case 55/2020 wherein the execution of an interim Order has been entertained despite the dismissal of the main Petition by this Court.

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Briefly stated , the Petitioner had a son/Respondent, namely, Advaith Nair from his first marriage. The Petitioner got re-married after about one

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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 23/05/2025 at 12:59:03

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and a half-year of demise of his first wife, which did not go well with the paternal-Grandparents of the Respondent. He started making spurious complaints against the Petitioner resulting in his assignment abroad to be delayed and his career jeopardised and his image being tarnished amongst the official and social circle.

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The Petition under Section 125 Cr.P.C was filed by the Respondent for seeking maintenance. Thereafter, the Petitioner has filed a Suit for Partition before the Sub-Court, Thiruvananthapuram. The Respondent/son has inherited immovable assets of the deceased mother which includes 1,314 gms of gold lying in the locker at SBI, Thiruvananthapuram.

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It is further submitted that there are various other properties which have been inherited by the Petitioner and his son. In the Petition under Section 125 Cr.P.C., ad-interim maintenance of Rs.25,000/- was granted to the Respondent vide Order dated 23.02.2021. Thereafter, Petitioner had filed an Application under Section 127 Cr.P.C. for modification of the Order dated 23.02.2021 and to stop the maintenance to be paid to the Respondent beyond 29.01.2022 as he has attained majority.

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From 26.07.2022, the Respondent started receiving substantial payments upon maturity of an LIC Policy taken in his favour by the Petitioner, which provided lump sum payment on maturity, per annum payments till 2027 and Bonus payment in year 2027.

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Vide Order dated 29.07.2022, two Applications filed for Interim Maintenance dated 16.07.2020 and the Application of the Petitioner was disposed of vide Order dated 24.12.2021.

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It is asserted that the Respondent had been granted interim maintenance of Rs.50,000/- per month from the date of the Application till

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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 23/05/2025 at 12:59:03

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he attained majority i.e. 29.01.2022. The Respondent has also been granted litigation expenses of Rs.25,000/-.

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On 08.12.2022, the Respondent preferred a Criminal Revision Petition against the Order dated 29.07.2022 of the learned Judge Family Court, Patiala House Courts, New Delhi along with the Application for Condonation of Delay under Section 5 of the Limitation Act, 1963 .

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This Court referred the parties to Mediation, but there was no Settlement inter se the parties.

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The High Court passed an Interim Order dated 05.11.2024 in Crl. Rev. No. 855/2022 directing the Petitioner to continue to pay Rs.50,000/per month to the Respondent even beyond the date of the Respondent attaining majority, on 29.01.2022.

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It is submitted that this Court ought to have given a chance to the Petitioner, to file his Reply and to adjudicate the Application for Condonation of delay and ought not have granted relief in the nature of final adjudication, totally sidelining the crucial fact in the main Petition, while granting the interim relief. This Court could not have gone way beyond the express statutory provisions of Section 125 Cr.P.C. while exercising its powers of Crl. Rev. Pet. 855/2022 under Section 397 Cr.P.C. This Criminal Revision Petition has been finally dismissed on 06.02.2025.

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In the interregnum, the Respondent has filed Execution Petition bearing E.P. No. 8/2025, wherein Objections had been filed by the Petitioner, which have been dismissed despite the final dismissal of the Revision Petition.

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This Court took a view that something has to be provided for the studies of the Respondent. It is asserted that the Criminal Revision Petition

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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 23/05/2025 at 12:59:03

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has been finally dismissed by this Court. However, taking undue and illegal advantage of the Interim Order, the Respondent has filed E.P. No. 8/2025 seeking arrears of maintenance even beyond his date of majority. The Objections have been filed by the Petitioner.

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It is submitted that the Interim Order dated 05.11.2024 stood merged with the final Order of the dismissal dated 06.02.2025. Therefore, there is no Order, which is directing payment of maintenance even beyond the period of majority of the Petitioner.

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On the basis of the Interim Orders made by this Court, while considering the Revision Petition seeking enhancement of maintenance, cannot be made a basis for the Execution Petition.

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It is submitted that this Execution Petition is not maintainable and be set-aside.

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Submissions heard and the record perused.

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Pertinently, the Criminal Revision Petition had been filed by the Petitioner to challenge the Interim Maintenance granted to the Respondent in the sum of Rs.50,000/- per month to the son from the date of Application till he attained majority on 29.01.2020.

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While hearing the Revision Petition, the Predecessor of this Court by way of Interim Order dated 05.11.2024 directed the Petitioner to continue to pay Rs.50,000/- per month even beyond the date of his majority i.e. 29.01.2020.

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While the matter was pending, the Execution Petition has been filed seeking recovery of arrears beyond the date of majority. However, it cannot be overlooked that the said Criminal Revision got dismissed on 06.02.2025 and the Interim Order dated 05.11.2024 got merged in it. Therefore, no

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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 23/05/2025 at 12:59:03

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further Interim Maintenance beyond the age of majority can be claimed beyond 06.02.2025. However, considering that the Interim Order directing continuation of payment of maintenance of Rs.50,000/- per month was made on 05.11.2024, it is hereby held that the Respondent shall be entitled to the recovery of this amount from the date of interim Order dated 05.11.2024 till the date of final disposal of the Petition on 06.02.2025. 23. No further directions are required to be made in the Petition, which is hereby disposed of along with the pending Application(s).

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NEENA BANSAL KRISHNA, J

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MAY 6, 2025/RS

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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 23/05/2025 at 12:59:03

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This is a digitally signed order.

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 03.03.2025 in Execution Petition No. 8/2025 in MT Case 55/2020 whereby execution of the interim Order was entertained and the Petitioner's Objections were dismissed despite the final dismissal of the main Criminal Revision Petition.¶3
03.03.2025
Prior proceeding
Respondent filed a Petition under Section 125 Cr.P.C. seeking maintenance.¶5
Prior proceeding
Petitioner filed a Suit for Partition before the Sub-Court, Thiruvananthapuram; Respondent inherited immovable assets of the deceased mother.¶5
Prior proceeding
Ad-interim maintenance of Rs.25,000/- granted to the Respondent vide Order dated 23.02.2021.¶6
Prior proceeding
Petitioner filed an Application under Section 127 Cr.P.C. for modification of the Order dated 23.02.2021 and to stop maintenance beyond 29.01.2022 as the Respondent attained majority.¶6
Prior proceeding
From 26.07.2022, the Respondent received substantial payments upon maturity of an LIC Policy taken in his favour by the Petitioner.¶7
Prior proceeding
Vide Order dated 29.07.2022 the Applications for Interim Maintenance (dated 16.07.2020) were dealt with; the Petitioner's Application had been disposed of vide Order dated 24.12.2021.¶8
Prior proceeding
Respondent was granted interim maintenance of Rs.50,000/- per month and litigation expenses of Rs.25,000/-.¶9
Prior proceeding
On 08.12.2022 the Respondent preferred a Criminal Revision Petition (Crl. Rev. No. 855/2022) against the Order dated 29.07.2022 of the learned Judge Family Court, Patiala House Courts, New Delhi, with an Application for Condonation of Delay under Section 5 of the Limitation Act, 1963.¶10
Prior proceeding
This Court referred the parties to Mediation, but there was no settlement between them.¶11
Prior proceeding
By Interim Order dated 05.11.2024 in Crl. Rev. No. 855/2022, the Petitioner was directed to continue paying Rs.50,000/per month to the Respondent even beyond the Respondent attaining majority on 29.01.2022.¶12
Prior proceeding
The Respondent's Criminal Revision Petition was finally dismissed on 06.02.2025.¶13
Prior proceeding
Respondent filed Execution Petition E.P. No. 8/2025 seeking arrears of maintenance even beyond his date of majority.¶15
Prior proceeding
Objections filed by the Petitioner in the Execution Petition were dismissed despite the final dismissal of the Revision Petition.¶14

Vidhu P Nair v. Advaith Nair

Case brief

What is this about?

What did the court decide?

Vidhu P Nair v. Advaith Nair

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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