Prateesh Aggarwal v. Priyanka Kashyap

O R D E R %

14.11.2024 CRL.M.A. 34146/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed of. CRL.REV.P.(MAT.) 91/2024 By way of the present petition filed under sections 438 and 442 read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS'), the petitioner impugns order dated 04.10.2024, whereby the learned Family Court has awarded ad-interim maintenance of Rs.1 lac per month in favour of respondent.

¶2Since the order of ad-interim maintenance is an interlocutory order and the proceedings are still pending before the learned Family Court, this court declines to entertain the present petition in view of section 438(2) of the BNSS; and the petition is accordingly disposed-of; without making any observations on the merits of the matter.

¶3At this stage Ms. Malavika Rajkotia, learned counsel appearing for the petitioner submits, that since ad-interim maintenance awarded is This is a digitally signed order. CRL.REV.P.(MAT.) 91/2024 beyond the petitioner's means as well as the rights of the respondent, the matter requires to be considered by the learned Family Court on an urgent basis.

¶4Learned counsel for the respondent disputes the contentions but fairly does not oppose that the matter should be considered expeditiously by the learned Family Court.

¶5In view of the above, while disposing-of the present petition, the learned Family Court is requested to take-up the matter for consideration on 05.12.2024, the date already stated to be fixed before the learned Family Court; and to dispose-of the matter at its earliest convenience, subject to the petitioner filing the requisite documents and income affidavits etc.

¶6Learned counsel appearing for the respondent also suggests that the parties may explore a mediated-settlement of their disputes, especially since both parties are young and have a long future to look-forward to.

¶7Ms. Rajkotia submits that the petitioner would be open to the suggestion; but seeks time to take instructions and revert to learned counsel for the respondent.

¶8The petition is disposed-of.

¶9Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 14, 2024/ak This is a digitally signed order.

CRL.REV.P.(MAT.) 91/2024 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.(MAT.) 91/2024 & CRL.M.A. 34145/2024, CRL.M.A. 34147/2024 PRATEESH AGGARWAL .....Petitioner Through: Ms. Malavika Rajkotia, Advocate. versus PRIYANKA KASHYAP .....Respondent Through: Counsel (appearance not given). CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI