Full Judgment Text
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: December 10 , 2025
+ CRL.REV.P. 515/2023, CRL.M.A. 12229/2023,
CRL.M.A. 22541/2023, CRL.M.A. 7203/2025,
CRL.M.A. 9362/2025, CRL.M.A. 31587/2025
NEELESH SRIVASTAVA .....Petitioner
Through: Ms. Deepti, Mr. Shivendra
Kumar & Ms. Khushi
Bhadana, Advs. along
with petitioner in person.
versus
SUKRITI SRIVASTAVA .....Respondent
Through: Mr. Utkarsh, Ms. Anshu
Priyanka, Ms. D.
Anubhuti, Ms. Manya,
Advs.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
AMIT MAHAJAN, J. (Oral)
1. The present Criminal Revision Petition has been instituted
under Section 397 read with Section 482 of the Code of Criminal
Procedure, 1973 (‘ CrPC’ ) , assailing the Order dated 12.04.2023
(‘ impugned order ’) passed by the learned Principal Judge
Family Court, Saket, in M No. 318/2019 titled Sukriti Srivastava
versus Neelesh Srivastava.
2. By the impugned order, the learned Family Court had
directed the Petitioner/ husband to pay a sum of ₹1,05,000/- per
month as interim maintenance to the Respondent/wife and the
two minor children for the period 04.10.2019 – 31.12.2021. The
Signature Not Verified
CRL.REV.P. 515/2023 Page 1 of 8
Signed By:DEEPANSHU
Signing Date:12.12.2025
20:08:22
learned Family Court further directed the Petitioner to pay a sum
of ₹1,85,000/- per month from January 2022, till the disposal of
the petition, to the Respondent and the two minor children.
3. Aggrieved thereby, the Petitioner has preferred the present
revision, seeking reduction of the interim maintenance amount
granted.
4. The learned counsel for the Petitioner submits that the
Petitioner has fluctuating income due to change in his job profile
and has continuous bouts of employment uncertainty owing to
his numerous changes in employment. He further submits that
the Petitioner is presently not earning and is unemployed.
5. He further submits that though petitioner was unemployed
from June 2018 till February 2019, he has continued to pay the
interim maintenance.
6. He submits that the income of the Petitioner has been
incorrectly assessed, without making the mandatory deductions.
He further submits that the same has been assessed without
considering that the Petitioner is also paying a home loan which
was jointly taken by the parties and the cost of litigation being
incurred by the Petitioner.
7. He submits that while awarding the interim maintenance to
the Respondent wife, the Impugned Order fails to take into
consideration the regular and consistent payments made by the
Petitioner to the Respondent and his minor children towards their
maintenance, school fees and other miscellaneous expenses.
Signature Not Verified
CRL.REV.P. 515/2023 Page 2 of 8
Signed By:DEEPANSHU
Signing Date:12.12.2025
20:08:22
8. Per Contra, the learned Counsel for the Respondent has
contested the present petition and submitted that the learned
Family Court has rightly taken account of all the material on
record before awarding the maintenance. He submits that the
Petitioner is a man of means as is reflected from his bank
statements as well as the other material.
9. He further submits that while filing the present petition the
Petitioner has intentionally concealed his actual income. It is
submitted that the Petitioner admittedly has no other dependants
other than his wife and the minor children and has solitary fixed
expense/liability of the EMI of ₹43,822/- towards the home loan
of the joint property. Hence, even after the mandatory deductions
on his income, the same comes to more than ₹4,00,000/- per
month.
10. It is thus prayed that the present petition is meritless and is
liable to be dismissed.
11. Vide order dated 21.03.2024, passed by this Court, on the
willingness expressed by the Petitioner himself, he was directed
to deposit balance arrears amount in a fixed deposit in the name
of his minor children and the parties were referred to mediation,
with the request to the learned Mediator to make a calculation of
the amounts already paid by the Petitioner and the pending
arrears. In lieu of the same, the operation of the impugned order
was stayed and the Petitioner was directed to pay 50% of the
interim maintenance awarded i.e. ₹92,500/- per month.
Signature Not Verified
CRL.REV.P. 515/2023 Page 3 of 8
Signed By:DEEPANSHU
Signing Date:12.12.2025
20:08:22
12. The Mediation Report dated 06.08.2024 reflects that “the
Petitioner had submitted a total sum of Rs. 81,07,500/- was
payable to the Respondent in lieu of interim maintenance,
whereas he has made a payment of Rs. 81,74,579/- to the
Respondent which also includes Fixed Deposit for a sum of Rs.
15,70,000/- in the name of minor children.” It was also not
disputed that the amount of 50% of interim maintenance has been
paid by the Petitioner.
13. Further, it is also pointed out that the Fixed Deposit No.
031413012474 dated 21.4.2024 of ₹15,70,000/- has been opened
at ICICI Bank in his name and it is stated that the same shall be
used for higher education of both the children.
14. Submissions heard and the material placed on record
perused.
15. The scope of revisional jurisdiction under Sections 397
and 401 Cr.P.C. is narrow and circumscribed. Interference is
warranted only where the impugned order suffers from patent
illegality, perversity, gross impropriety, or results in miscarriage
of justice.
16. It is equally well-settled that orders granting interim
maintenance are interlocutory in nature, based on a prima facie
assessment of material placed before the Court, and ordinarily
ought not to be interfered with unless the finding is wholly
arbitrary or untenable.
17. Pertinently, it is not the case of the Petitioner that the
Respondent is gainfully employed. Even the marriage between
Signature Not Verified
CRL.REV.P. 515/2023 Page 4 of 8
Signed By:DEEPANSHU
Signing Date:12.12.2025
20:08:22
the parties is not disputed and it is also not in dispute that the
children were born out of the marriage. Being an able-bodied
man, the Petitioner cannot shirk his sacrosanct duty to financially
support his wife and children [Ref. Shamima Farooqui v.
Shahid Khan : (2015) 5 SCC 705 ].
18. A ground has been pressed that the maintenance awarded
to the Respondent is exuberant and also does not take into
account the amounts already paid by the Petitioner towards the
school fees and other miscellaneous expenditure of the minor
children.
19. As far as the maintenance being exuberant is concerned,
the learned Family Court observed that the interim maintenance
application was filed on 04.10.2019 and thus, relying upon the
ITRs filed for the assessment years 2017-18, 2018-19, 2019-20
and 2021-22, the average monthly income of the Petitioner was
assessed as ₹2,10,000/- from October 2019 till December 2021.
Since, the Affidavit of Income was filed only in October, 2022
and the Petitioner had placed on record Salary Slips for the
month of December, 2022, January, 2023, February, 2023 and
March, 2023, the same were considered and after making the
mandatory deductions, the average monthly income was assessed
as ₹3,70,000/-. This prima facie assessment was only for the
limited purpose of ascertaining the interim maintenance to be
awarded.
20. Hence, considering the income, expenditure and the social
status of the parties and the learned Family Court directed he
Signature Not Verified
CRL.REV.P. 515/2023 Page 5 of 8
Signed By:DEEPANSHU
Signing Date:12.12.2025
20:08:22
Petitioner to pay interim maintenance to the Respondent and her
two minor children as follows: -
a. ₹1,05,000/- per month for the period 04.10.2019 to
31.12.2021, covering rent, school fees, and all day-to-
day expenses of the Respondent and the children.
b. ₹1,85,000/- per month from January 2022 until
disposal of the petition, similarly covering rent, school
fees, and all day-to-day expenses.
c. The interim maintenance of ₹1 lakh previously
awarded under DV Act proceedings shall be adjusted
against the amount awarded from 04.10.2019.
21. Evidently, the learned Family Court has taken into
consideration the Petitioner’s own disclosures, bank statements,
salary slips and other financial material while arriving at a prima
facie assessment of his earning capacity, which cannot be said to
be cannot be said to be perverse or manifestly erroneous.
22. However, although the impugned order directed the
Petitioner to pay the entire amount of interim maintenance to the
Respondent, including all expenses for the minor children, it has
not been disputed that certain amounts stand admittedly paid by
the Petitioner towards the school fees of the minor children, their
educational needs, medical expenditure, and other incidental
costs.
23. Thus, it is clarified that any separate payments already
made for the children’s expenses shall be accounted for and
Signature Not Verified
CRL.REV.P. 515/2023 Page 6 of 8
Signed By:DEEPANSHU
Signing Date:12.12.2025
20:08:22
adjusted by the learned Family Court while calculating the
Petitioner’s outstanding and future liability.
24. However, henceforth the Petitioner is directed to pay the
entire amount of maintenance, in accordance with the impugned
order, directly to the Respondent for herself and their children.
25. As regards the plea of the Petitioner is concerned that his
employment has ceased, and that he is now facing severe
financial constraints, the same is a circumstance that has arisen
subsequent to the passing of the impugned order. Such
subsequent events, amounting to a change in circumstances, are
matters to be agitated before the learned Family Court by way of
an appropriate application under Section 127 CrPC, where the
Petitioner would be at liberty to establish the alleged reduction in
income and seek alteration of the subsisting maintenance order in
accordance with law.
26. In view of the above, this Court is of the considered view
that the impugned order does not call for any modification or
interference. Needless to say, the other competing factual claims
require evidence, and all such contentions would be a subject
matter of trial.
27. It is made clear that any observation made in this order is
only for the purpose of deciding the present petition and shall not
impact the outcome of the final order.
28. The learned Family Court is hereby directed to proceed
with the matter expeditiously. No unnecessary or unwarranted
adjournments shall be granted to the parties, and the Court shall
Signature Not Verified
CRL.REV.P. 515/2023 Page 7 of 8
Signed By:DEEPANSHU
Signing Date:12.12.2025
20:08:22
ensure that the proceedings are conducted in a timely and
efficient manner.
29. In view of the above, the present petition, is disposed in
the aforesaid terms, along with pending application(s), if any.
AMIT MAHAJAN, J
DECEMBER 10, 2025
“SK”
Signature Not Verified
CRL.REV.P. 515/2023 Page 8 of 8
Signed By:DEEPANSHU
Signing Date:12.12.2025
20:08:22