Dismissed¶18

Rajiv Kumar Singh v. Smita Singh and Anr.

Delhi HC2 Jul 2026CRL.REV.P.(MAT.)/322/2026

Case brief

AI extract

What is this about?

Rajiv Kumar Singh v. Smita Singh and Anr.; CRL.REV.P.(MAT.) 322/2026; Delhi High Court; Justice Prateek Jalan; 02.07.2026; Sections 438/442 BNSS 2023; Section 125 Code of Criminal Procedure 1973; interim maintenance; Family Court-02 Saket; MT Case No. 33/2024; order dated 08.08.2025; dismissal as withdrawal; arrears payable in instalments; no opinion on merits.

What did the court decide?

Petition and pending applications dismissed as withdrawn; petitioner permitted to seek payment of arrears of interim maintenance in instalments by applying to the learned Family Court, which will decide in accordance with law after hearing the parties; no opinion expressed on merits. ¶18

Rajiv Kumar Singh Vs Smita Singh and Anr. — Maintenance and Alimony | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the petition under Sections 438/442 BNSS 2023 could assail the Family Court's order dated 08.08.2025 awarding interim maintenance in favour of respondent No. 2 (issue left undecided as the petition was withdrawn).

¶11

Ratio / Principle

The petition, together with the pending applications, is dismissed as withdrawn, in terms of counsel's submission.

¶18

Key takeaways

The petitioner is at liberty to move an appropriate application before the learned Family Court seeking payment of the arrears of interim maintenance in instalments; the Family Court shall consider and decide such application in accordance with law after affording an opportunity of hearing to the parties.ratio¶13
The Court has not expressed any opinion on the merits of the case or on any application that may be filed by the petitioner hereafter; any such application shall be considered by the appropriate Court on its own merits, in accordance with law.obiter¶19

Detailed headnote1 paragraphs

Revision petition (CRL.REV.P.(MAT.) 322/2026, Delhi High Court, Prateek Jalan, J., 02.07.2026) under Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the order dated 08.08.2025 of Family Court-02, Saket Courts (South District), New Delhi in MT Case No. 33/2024 under Section 125 CrPC 1973, whereby interim maintenance was awarded to respondent No. 2 — after partial arguments, counsel withdrew the petition; dismissed as withdrawn with the petitioner at liberty to approach the Family Court for payment of the arrears of interim maintenance in instalments, to be decided in accordance with law after hearing the parties. The Court expressly recorded that it expressed no opinion on the merits or on any future application.

¶1

$~33

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.REV.P.(MAT.) 322/2026, CRL.M.A. 18602/2026,

¶4

CRL.M.A. 18603/2026, CRL.M.A. 18604/2026

¶5

RAJIV KUMAR SINGH .....Petitioner Through: Ms. Neha Gupta, Ms. Osheen Verma, Advs.

¶6

versus

¶7

SMITA SINGH AND ANR. .....Respondents Through: None.

¶8

CORAM:

¶9

HON’BLE MR. JUSTICE PRATEEK JALAN

¶10

O R D E R % 02.07.2026

¶11

By way of the present petition under Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks to assail order dated 08.08.2025 passed by the learned Family Court-02, Saket Courts (South District), New Delhi, in MT Case No. 33/2024 under Section 125 of the Code of Criminal Procedure, 1973, whereby interim maintenance has been awarded in favour of respondent No. 2.

¶12

After some arguments, Ms. Neha Gupta, learned counsel for the petitioner, seeks permission to withdraw the present petition.

¶13

Ms. Gupta, however, submits that the petitioner may be permitted to seek payment of the arrears of interim maintenance, as awarded by the learned Family Court, in certain instalments. It is clarified that the petitioner shall be at liberty to move an appropriate application before the learned Family Court in this regard, which shall consider and decide the

¶14

CRL.REV.P.(MAT.) 322/2026 Page 1 of 2

¶15

This is a digitally signed order.

¶16

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 04/07/2026 at 11:04:07

¶17

same in accordance with law, after affording an opportunity of hearing to the parties.

¶18

The petition, alongwith pending applications, is accordingly dismissed as withdrawn, in terms of the above submission.

¶19

It is clarified that this Court has not expressed any opinion on the merits of the case or on any application that may be filed by the petitioner hereafter, which shall be considered by the appropriate Court on its own merits, in accordance with law.

¶20

PRATEEK JALAN, J

¶21

JULY 2, 2026 Tg/SD/

¶22

CRL.REV.P.(MAT.) 322/2026 Page 2 of 2

¶23

This is a digitally signed order.

¶24

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 04/07/2026 at 11:04:07

Rajiv Kumar Singh v. Smita Singh and Anr.

Case brief

What is this about?

What did the court decide?

Rajiv Kumar Singh v. Smita Singh and Anr.

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

Case details

Similar cases

Suresh@Madri Vs State(Govt of Nct)

Sandeep Kumar Vs Pinki

Vipin Kumar & Ors. Vs State (Govt of NCT of Delhi) & Anr.

Imran Ali Vs the State Govt of NCT of Delhi & Anr.

Rahul Vs the State (Nct of Delhi) & Ors.

Amit Bapna Vs Directorate of Enforcement & Ors.