ANURAG GUPTA vs ARNIKA GUPTA

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 16th January, 2025 + CRL.A. 49/2025 & Crl.M.A. 1111/2025 ANURAG GUPTA .....Appellant Through: Mr. Aditya Aggarwal & Ms Pooja Roy, Advocates Versus ARNIKA GUPTA .....Respondent Through: Mr. Ravin Roy, Advocate through VC CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) Crl.M.A. 1111/2025 (for exemption) Allowed, subject to just exceptions. Application is disposed of. CRL.A. 49/2025 1. The present Appeal under Section 19(1) read with Section 19(4) of the Family Courts Act, 1984 has been filed by the Appellant seeking setting aside of Order dated 25.11.2024 passed by the learned Family Court, whereby he has been directed to pay ad interim maintenance of Rs. 30,000/- per month w.e.f. November, 2024 to Respondent-wife in proceedings under Section 125 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’ hereinafter) 2. The main ground of challenge is that the matter was never listed for hearing nor was any Application or request made for grant of ad interim Signature Not Verified Digitally Signed Crl.A.49/2025 Page 1 of 5 By:VIKAS ARORA Signing Date:19.02.2025 14:47:15 maintenance, despite which the Order has been made pending consideration of Interim Maintenance Application. 3. Learned counsel for Appellant submits that Respondent is a Judicial Officer and getting salary of approximately Rs.1,65,000/- per month. Though the Appellant-husband at one point of time was employed and getting salary of Rs. 4,00,000/- per month, but his job got terminated in May, 2023 and since then he has not been able to secure any job. Considering that Appellant has absolutely no source of income and is dependent upon his parents, he is not in a position to pay any ad interim maintenance. 4. Further, the Appell