Satish Pal vs Kumari Deepak @Damini Pal And Anr

$~90
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28.10.2026
# CNR No.DLHC010515002026
+ CRL.REV.P.(MAT.) 651/2026, Crl.M.A.33603/2026,
Crl.M.A.33602/2026, Crl.M.A.33600/2026
SATISH PAL .....Petitioner
Through: Mr. Rajbir Singh Sagar, Advocate.
versus

KUMARI DEEPAK @DAMINI PAL AND ANR .....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
O R D E R
% 28.10.2026
SACHIN DATTA, J. ( Oral .)
CRL.REV.P.(MAT.) 651/2026 & CRL.M.A.33601/2026 (seeking
condonation of delay of 222 days in filing the revision)

1. The petitioner assails an order dated 15.11.2025 passed by the learned
Family Court-1, Shahdara District, Karkardooma Courts, Delhi in MT
No.356/2024. By the said order, the petitioner was directed to pay interim
maintenance at the rate of Rs.20,000/- per month i.e., Rs.10,000/- each to his
wife (respondent no.1) and to the minor girl (respondent no.2) from the date
th
of filing of the application, payable by the 10 of each succeeding calendar
month.
2. The revision petition is accompanied by an application seeking
condonation of delay of 222 days. It is noticed that respondent no.1 filed MT
No.356/2024 on 01.07.2024 under Section 125 of the Code of Criminal
CRL.REV.P(MAT.) 651/2026 Page 1 of 4



Signature Not Verified
Digitally Signed
By:CHINU LUTHRA
Signing Date:29.10.2026
16:20:40

Procedure, 1973, along with an application under Section 125(3) thereof,
seeking maintenance for herself and her minor daughter. She asserted that
the petitioner works as a Sales Executive with Asian Paints and earns
Rs.50,000/- per month.
3. On 05.09.2024, the petitioner appeared with counsel and was directed
to file his affidavit of income and assets, along with supporting documents
for the last three years, within four weeks. The said affidavit, however, was
not filed by the petitioner.
4. On 28.10.2024, since the affidavit of income and assets had still not
been filed, he was granted two weeks to file the same, failing which costs of
Rs.3,000/- were to become payable to respondent no.1, and was meanwhile
directed to pay ad-interim maintenance of Rs.5,000/- per month to both the
respondents.
5. On 12.12.2024, he was granted a final opportunity to file the said
affidavit. On 07.02.2025, his opportunity to file the affidavit was closed.
6. Further, additional opportunities to file the affidavit were also granted
to the petitioner on 23.05.2025 and 30.07.2025. No affidavit was, however,
filed by the petitioner on either occasion.
7. By the impugned order dated 15.11.2025, after hearing learned
counsel for both the parties, the learned Family Court drew an adverse
inference against the petitioner on account of his failure to file the affidavit
of income and assets, and also took note of the fact that the ad-interim order
dated 28.10.2024 had not been complied with at all. The learned Family
Court then proceeded to record the petitioner’s income at Rs. 50,000/- per
month as asserted by respondent no.1, apportioned the same into five parts,
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Signature Not Verified
Digitally Signed
By:CHINU LUTHRA
Signing Date:29.10.2026
16:20:40

and held that the respondents would be jointly entitled to interim
maintenance of Rs. 20,000/- per month.
8. The limitation period for filing the present revision petition expired on
13.02.2026. The petition was filed on 26.09.2026. The same is accompanied
by an application (i.e., CRL.M.A.33601/2026) seeking condonation of delay
of 222 days.
9. The reason cited for the delay is that the previous counsel did not
inform the petitioner that the impugned order had been passed on
15.11.2025. It is submitted that the petitioner had no knowledge of the
impugned order during the period of limitation.
10. On merits, it is contended that the petitioner earns only about
Rs.10,000/- per month and that the figure of Rs.50,000/- assumed in the
impugned order has no basis.
11. As regards the condonation of delay, no doubt, in a normal situation,
this Court would adopt a liberal and justice-oriented approach. However, in
the present case, the explanation furnished by the petitioner is belied by the
record. The impugned order records that it was passed after hearing the
counsel for the petitioner.
12. The plea that the petitioner believed the case to be closed cannot be
accepted. It is also noticed that no affidavit of the previous counsel has been
filed and that blame has been sought to be fastened upon the previous
counsel without any basis.
13. It is also noticed that the petitioner did not adhere to the order dated
28.10.2024, whereby ad-interim maintenance was directed to be paid at the
rate of Rs.5,000/- per month; the said default persisted throughout the
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Signature Not Verified
Digitally Signed
By:CHINU LUTHRA
Signing Date:29.10.2026
16:20:40

proceedings and was duly noted by the learned Family Court in the
impugned order. No sufficient cause is therefore shown.
14. The petitioner has been negligent and has approached this Court only
when execution proceedings were taken against him. As such, no merit is
found in CRL.M.A.33601/2026, and the same is dismissed.
15. Even otherwise, no ground for interference is made out.
16. As noticed, despite repeated opportunities, the petitioner did not file
his affidavit of income and assets before the learned Family Court. In the
circumstances, the learned Family Court cannot be faulted for drawing an
adverse inference and for proceeding on the assertion of respondent no1.
17. The petition is, accordingly, dismissed. All pending applications also
stand disposed of.
18. It is, however, clarified that it shall be open to the petitioner to file his
affidavit of income and assets, with supporting documents, before the
learned Family Court and to seek modification of the interim maintenance as
may be permissible in law. Any such application shall be considered on its
own merits, after hearing respondent no.1.

SACHIN DATTA, J
OCTOBER 28, 2026/r,sd
CRL.REV.P(MAT.) 651/2026 Page 4 of 4



Signature Not Verified
Digitally Signed
By:CHINU LUTHRA
Signing Date:29.10.2026
16:20:40