Rajesh Mahajan vs Panav Mahajan & Anr
2018 Latest Caselaw 1200 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                           DECIDED ON : FEBRUARY 20, 2018

+                         CRL.REV.P. 241/2014

      RAJESH MAHAJAN                                ..... Petitioner

             Through :    Mr.Sudhir K.Makkar, Sr.Advocate, with
                          Ms.Meenakshi Singh, Mr.Samir Tandon,
                          Ms.Saumya Gupta and Ms.Ridhi Munjal,
                          Advocates.

                          versus

      PANAV MAHAJAN & ANR                    ..... Respondents
          Through : Mr.Sunil Mittal, Sr.Advocate, with
                    Mr.Dhruv Grover, Advocate along with
                    respondent No.2 present in person.

      CORAM:
      HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (ORAL)

Crl.M.A.No.6607/2014 (Delay)

1. For the reasons mentioned in the application, the delay of 38 days in filing the revision petition is condoned.

2. The application stands disposed of.

CRL.REV.P. 241/2014 & Crl.M.A.6606/2014

1. During the course of arguments it was informed that earlier the petitioner was directed to pay interim maintenance @ `15,000/- p.m. along with payment of school/college fee of both the children in the custody of the respondent/wife from the date of filing of the application i.e. 25.04.2012 by an order dated 12.12.2013.

2. It is informed that the petitioner's daughter, who was earlier staying with the respondent-wife is at present in the custody of the petitioner for the last around four years and is being maintained by him. The son continues to be in the custody of respondent-wife.

3. During the course of arguments the parties agreed to settle the present revision petition amicably. It was agreed that from today the petitioner shall pay a consolidated amount of `22,000/- p.m. to the respondent-wife for the maintenance of all the expenses of the son staying with her. On payment of `22,000/- p.m., the petitioner will not be liable to pay any other expenses of the child.

4. It is further agreed that this arrangement is valid till the disposal of the petition under Section 125 Cr.P.C. pending before the trial court. The trial court will be at liberty to decide the quantum of maintenance on merits after perusal of evidence adduced before it.

5. It is further settled that the petitioner shall pay arrears of maintenance @ `10,000/- p.m. in terms of the order dated 28.04.2014 till date and the arrears shall be cleared within six months.

6. The revision petition stands disposed of with the directions that from today the petitioner shall pay consolidated amount of `22,000/-

p.m. as maintenance for the child in the custody of the respondent-wife till the disposal of the proceedings before the trial court.

7. The petitioner shall pay arrears of maintenance @ `10,000/- p.m. w.e.f. 28.04.2014 till date within six months.

8. The above settlement is without prejudice to the rights of the parties.

9. All pending application(s) also stand disposed of.

S.P.GARG (JUDGE) FEBRUARY 20, 2018/sa