ASHUTOSH RAI ASTHANA Vs. YAMITA RAI ASTHANA

JUDGEMENT

(1.) By virtue of the present petition under Ss. 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023;Hereinafter as "BNSS" , (erstwhile Ss. 397/ 401 of the Code of Criminal Procedure, 1973; Hereinafter as "Cr.P.C." ) read with Sec. 19(4) of the Family Court Act, 1984; Hereinafter as "FC Act" , the petitioner seeks setting aside of the impugned order dtd. 5/6/2024 passed by the learned Family Court (East) Karkardooma Courts, Delhi; Hereinafter as "learned Family Court" in M.T. Case 323/2021 titled as 'Yamita Rai Asthana vs. Ashutosh Rai Asthana'.

(2.) Succinctly put, it is the case of the petitioner that the marriage between him and the respondent got solemnised on 2/11/1995 and out of the said wedlock, two children were born therefrom. Thereafter, due to differences/ marital spat between the parties herein, on 9/4/2021, the respondent sought maintenance from the petitioner by way of an application under Sec. 125(3) of the Cr.P.C. Pursuant thereto, an ad-interim maintenance amounting to Rs.25,000.00 was awarded to the respondent by the learned Family Court vide order dtd. 15/1/2022 and thence, the impugned order dtd. 5/6/2024 was passed, whereby the respondent was granted an interim maintenance amounting to Rs.30,000.00 payable from the date of filing of the said application.

(3.) Aggrieved thereby, the petitioner has filed the present revision petition impugning the order dtd. 5/6/2024 passed by the learned Family Court.