IRSHAD KHAN vs RASHIDA ALIAS MUNNI

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16.04.2025 + MAT.APP.(F.C.) 141/2025 IRSHAD KHAN .....Appellant Through: Mr. Narendra Mishra, Adv. versus RASHIDA ALIAS MUNNI .....Respondent Through: Nemo CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) CM APPL. 21931/2025 (Exemption) 1. Allowed, subject to all just exceptions. MAT.APP.(F.C.) 141/2025 2. This appeal has been filed by the appellant, challenging the Order dated 05.03.2025 passed by the learned Judge Family Court, District Shahdara, Karkardooma Court, Delhi (hereinafter referred to as, ‘Family Court’) in G.P. No. 91/2022 titled Irshad Khan v. Rashida @ Munni & Ors., whereby the application filed by the appellant herein seeking interim custody of the minor child as well as seeking a stay of the payment of the interim maintenance to the respondent, was partly heard. The appellant was directed to clear the arrears of maintenance of Rs. 18,000/- on the date of the Order itself, that is, 05.03.2025. Signature Not Verified Signed By:VIJAYA MAT.APP.(F.C.) 141/2025 Page 1 of 2 LAKSHMI DOBHAL Signing Date:23.04.2025 16:14:54 3. The learned counsel for the appellant submits that the appellant is aggrieved by the direction passed by the learned Family Court to pay the arrears of maintenance as being perverse. 4. Though finding that the appeal itself may not be maintainable, as the order is interlocutory in nature, we even otherwise, find no infirmity in the same. The learned Family Court has ensured that the Order of grant of maintenance, which is currently in operation, has to be complied with by the appellant unless vacated by the Court itself or by a higher Court in appeal. Therefore, no infirmity can be found in the said direction of the learned Fam