ANIQUE ABDULLAH vs MAHENOOR @ EIRUM & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: February 04, 2025 Pronounced on: May 14, 2025 + CRL.M.C. 2313/2021 & CRL.M.As. 15376/2021, 172/2022, 25434/2022, 25435/2022, 25441/2022 ANIQUE ABDULLAH S/o Sh. Md. Abdus Shafay, R/o Village Deora, Bandhauli, PS Jaley, District Darbhanga, Bihar .....Petitioner Through: Mr. Anil Hooda, Advocate through (vc) Versus 1. MAHENOOR @ EIRUM W/o Md. Anique Abdullah R/o H. No.BB-339, Ashoka Basti, Purani Police Chowki, Nabi Karim, Pahar Ganj, New Delhi-110055 2. Sarvari Bano W/o Md. Abdus Shafay 3. Md. Abdus Shafay S/o Abdul Malik, 4. Md. Samshul Haque S/o Sh. Md. Abdus Shafay 5. Jasmine Begam W/o Md. Abdul Haiy @ Noor Respondent No.2 to 6 Resident of Village Deora, Bandhauli, P.S. Jaley, District Darbhanga, Bihar, . ....Respondents Through: Mr. Nizam Pasha, Ms. Awstika Das& Mr. Madhav Deepak, Advocates for Respondent No.1 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T CRL.M.C. 1575/2018 Page 1 of 9 Signature Not Verified Signed By:VIKAS ARORA Signing Date:14.05.2025 18:27:37 NEENA BANSAL KRISHNA, J. 1. The present Petition under Section 482 Cr.P.C. has been filed for quashing of the Order dated 10.03.2021, whereby the learned ASJ has enhanced the interim maintenance to Rs.40,000/ per month from Rs.12,000/- per month granted by the learned Metropolitan Magistrate, vide Order dated 23.08.2019 under Section 12 of Protection of Women from Domestic Violence Act, 2005. 2. Briefly stated, petitioner got married to respondent No.1 on 20.12.2010 as per Muslim customs and rights. From their wedlock, two sons were born on 4.02.2012 and 11.04.2014 respectively, who are Respondents No.2 & 3 in the present petition. Both the children are in the exclusive custody of their mother, Respondent No.1. 3. A petition under Secti