HARSHITA GUPTA vs NIMIT GANDHI

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th April, 2026 + CRL.REV.P.(MAT.) 180/2026&CRL.M.A. 10263/2026 HARSHITA GUPTA .....Petitioner Through: Ms. Ruchi Munjal, Advocate. versus NIMIT GANDHI .....Respondent Through: Mr. Rakesh Khanna, Sr. Advocate with Mr. Aseem, Ms. Seema Seth, Ms. Muskaan Deswal, Ms. Kashish Jain, Mr. Sourav Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is very short and precise. 2. Petitioner had filed a complaint under Section 12 of Protection of Women from Domestic Violence Act (PWDV Act) and, inter alia, prayed for maintenance and alternate accommodation or rent @Rs.75,000/- per month. 3. On 25.08.2023, her application under Section 23 of PWDV Act was disposed of. 4. No relief was granted to her as learned Magisterial Court came to the opinion that it was not a case where complainant was unable to maintain herself and that she had capacity to work and maintain herself. 5. The wife i.e. petitioner herein had also prayed for alternate accommodation of same level and fact remains that no such relief has been granted to her as per the abovesaid order dated 25.08.2023. 6. Feeling aggrieved, the petitioner filed an appeal before the learned First Appellate Court which was registered as CRL.A. No. 382/2023. 7. Fact, however, remains that petitioner also knocked the doors of the Signature Not Verified Signed By:SONIA CRL.REV.P.(MAT.) 180/2026 1 THAPLIYAL Signing Date:02.05.2026 10:06:40 learned Family Court by filing a petition under Section 125 Cr.P.C and learned Judge, Family Court directed maintenance @ Rs. 25,000/- per month vide order dated 31.05.2025. Feeling aggrieved by the abovesaid order, both the sides i.e. husband and the wife have filed s