LAWS(DLH)-2025-3-12

MEGHA KHETRAPAL Vs. RAJAT KAPOOR

Decided On March 19, 2025
Megha Khetrapal Appellant
V/S
Rajat Kapoor Respondents

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC") [now under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS")] read with Ss. 19 (4) of the Family Court Act, 1984 has been filed on behalf of the petitioner seeking setting aside of the impugned order dtd. 5/11/2022 passed by the learned Principal Judge, Family Courts South District, Saket Courts, New Delhi, wherein the learned Principal Judge has declined the interim maintenance to the petitioner under Sec. 125 of the CrPC in MT cases/198/2021.

(2.) The brief facts that led to the filing of the instant petition are that the petitioner-wife married the respondent-husband on 11/12/2019 in New Delhi and immediately left for Singapore on 24/12/2019. It is alleged by the petitioner that owing to the cruelties at the hands of her husband and his family members, the petitioner came back to India on 20/2/2021. It is also alleged that the respondent got the petitioner's spousal visa revoked and the petitioner was stranded all alone in Singapore by her husband. Further, he got into possession of all the petitioner's valuables due to which, the petitioner was forced to sell all her jewelleries to reach India.

(3.) Thereafter, due to the financial hardships, the petitioner started residing with her maternal uncle. Pursuant to the same, in June, 2021, the petitioner filed a petition under Sec. 125 of the CrPC against her husband praying for maintenance before the learned Principal Judge. Along with the said petition, an application praying for interim maintenance was also moved by the petitioner herein. The said application was dismissed by the learned Principal Judge vide impugned order. Being aggrieved by the same, the petitioner has filed the instant revision petition seeking setting aside of the impugned order.