AFZAL HUSSAIN vs SANA KHAN

Judgment text excerpt

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 16th, 2025 + CRL.REV.P.(MAT.) 569/2025 & CRL.M.A. 37503/2025, CRL.M.A. 37504/2025, CRL.M.A. 37505/2025, CRL.M.A. 37506/2025 AFZAL HUSSAIN .....Petitioner Through: Mr. Suhail Khan, Mr. Farid Ahmed Nizami, Mr. Vishal Raj Sehijpal, Mr. Shoeb Shakeel, Ms. Vratika Mittal, Ms. Priyanka Handa, Advocates. versus SANA KHAN .....Respondent Through: Mr. Deepak Acharya, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The present petition has been filed under section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), assailing the order dated 16.07.2025, passed by the learned Additional Sessions Judge (‘ASJ’), in Cr. Appeal No. 282/2024 titled “Afzal Hussain v. Sana Khan”. 2. By the impugned judgment, the learned ASJ has dismissed the appeal filed by Petitioner/ husband under section 29 of the Signature Not Verified Signed By:HARMINDER CRL.REV.P.(MAT.) 569/2025 Page 1 of 5 KAUR Signing Date:18.12.2025 15:17:43 Protection of Women from Domestic Violence Act, 2005 (‘DV Act’) and upheld the order dated 27.07.2024, passed by the learned JFMC, in Ct Case 1069/2022, whereby the Ld. JMFC decided the interim maintenance application under section 23 (2) DV Act and directed the Petitioner to pay Rs. 12,000/- per month to Respondent/Wife as interim maintenance from the date of filing of the Application till its disposal. 3. The learned Counsel for the Petitioner submits that the awarded maintenance amount is exuberant as the Petitioner has no source of income and has been laid off in October 2024. 4. He further submits that the Respondent/Wife is well- educated, is gainfully employed with Madiha Beauty Parlour, Near Chand Masjid, Thokar No.4, Abul Fazal Enclave, New Delhi and ear