MOHD. SHOAIB vs STATE (NCT OF DELHI) & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 28.11.2025 Judgment pronounced on: 03.12.2025 Judgment uploaded on: 03.12.2025 + CRL.REV.P. 259/2024 & CRL.M.A. 5823/2024 MOHD. SHOAIB .....Petitioner Through: Mr. Arpit Sharma, Advocate versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Naresh Kumar Chahar, APP for the State with Ms. Amisha Dahiya, Advocate Mr. Mutiur Rehman, Ms. Shaheen, Mr. Khalid Aziz, Mr. Mohd Danish, Ms. Mehwish Khanam, Advocates for R-2 CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The petitioner-husband impugns the judgment dated 19.12.2023 [hereafter „impugned judgment‟], passed by the learned Additional Sessions Judge-05, East District, Karkardooma Courts, Delhi [hereafter „Sessions Court‟] in Criminal Appeal No. 91/2023, titled as ‘Mohd. Shoib v. State & Anr.’, vide which the learned Signature Not Verified CRL.REV.P. 259/2024 Page 1 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:03.12.2025 19:46:04 Sessions Court upheld the order dated 08.05.2023 passed by the learned MM-01 (Mahila Court), East, Karkardooma Court [hereafter „Trial Court‟] in Case No. 1331/2021, filed by the respondent no.2- wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 [hereafter „PWDV Act‟], wherein the learned Trial Court had awarded interim maintenance in the sum of Rs. 11,000/- per month (Rs. 5500/- each for the wife and the minor daughter). 2. Brief facts of the case are that the parties were married on 19.12.2020 as per Muslim customs. According to the petitioner, respondent no. 2 is highly qualified, having completed MSc in Bioinformatics and NTT B.Ed., and was working as a school teacher in a reputed English medium school in Sambhal, Uttar Pradesh, at t