KAVITA DEVI vs BALJEET SINGH

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 27, 2025 + CRL.REV.P. 1262/2023, CRL.M.A. 32019/2023 & CRL.M.A. 32020/2023 KAVITA DEVI .....Petitioner Through: Mr. Karan Sharma, Adv. (through VC) versus BALJEET SINGH .....Respondent Through: Mr. Sagar Sehrawat, Adv. (through VC) CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The present petition has been filed under section 397 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) read with section 19 of the Family Courts Act, 1984, assailing the judgment dated 21.09.2023 (hereinafter ‘impugned judgment’) passed by the learned Judge, Family Court-02, Dwarka, New Delhi, in MT Petition No. 365/2018. 2. By the impugned judgment, while deciding the petition of the Petitioner/Wife under section 125 of the CrP.C., the learned Family Court assessed the monthly income of the Respondent/Husband to be ₹50,000/- to ₹70,000/- per month and of the Petitioner to be Rs. 5,000/- to Rs. 7,000/- per month and thus, awarded maintenance to the tune of ₹13,000/- per month to the Petitioner. 3. Hence, the present petition has been filed, by the Petitioner, essentially seeking enhancement of maintenance Signature Not Verified Signed By:SANJAY CRL.REV.P. 1262/2023 Page 1 of 7 KUMAR Signing Date:28.11.2025 21:36:37 amount awarded vide the impugned judgment. 4. The learned Counsel for the Petitioner submits that the learned Family Court has erroneously assessed the monthly income of the Petitioner to be Rs.5,000/- to Rs. 7,000/- based on her previously filed income affidavit and without considering her latest income affidavit dated 20.09.2021 wherein she has herself stated to that she is unemployed and has no source of income to maintain herself. 5. He further submits that though the income of the Re