Delhi High Court - Orders
Nupur Dua vs Rohit Sharma on 15 September, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~14 (1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 398/2021
NUPUR DUA ..... Petitioner
Through: Mr. Maninder Singh, Sr. Adv. with
Mr. Dinhar Takiar and Mr. Vikram
Kalra, Advs.
versus
ROHIT SHARMA ..... Respondent
Through: Mr. Bharat Gupta, Mr. Nitin Bansal,
Ms. Vasundhra Kapur and Mr. Mohit
Aggarwal, Advs. with respondent in
person.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 15.09.2021 The hearing has been conducted through video conferencing.
1. On 12.07.2021, inter alia the following order was passed:
"...
1. The learned Senior Advocate for the petitioner states that despite service of advance copy of the petition through email upon the respondent by Mr. Dinkar Takiar, Advocate on 31.05.2021, none had appeared for the respondent on 04.06.2021 when the case was listed; service of advance copy was effected through WhatsApp as well; proof of said same is at pp. 82 and 83 of the petition. The learned counsel for the respondent, however, refutes the said contentions. Let the respondent file an affidavit within a week, to the Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:22.09.2021 15:39:40 effect that the aforesaid communication had not been received by him.
2. Issue notice. Notice is accepted by the learned counsel named above for the respondent. Reply be filed within a week's time. Rejoinder thereto, if any, be filed within a week thereafter.
3. The learned Senior Advocate for the petitioner states that an outstanding amount of Rs. 1.90 crores is payable by the respondent in terms of the order dated 14.10.2020 passed by the learned Trial Court, wherein it is directed that the respondent to pay monthly maintenance of Rs.5 lakhs from the date of filing of the application by the petitioner.
4. The learned Senior Advocate for the petitioner further submits that in an pending appeal against the aforesaid order, the respondent had undertaken to pay the then outstanding amount to the petitioner in three instalments. However, the learned counsel for the respondent refutes the said submissions. He submits that the respondent's appeal against the said order is next listed on 26.07.2021.
5. Be that as it may, the respondent undertakes to pay an amount of Rs.5 lakhs directly into the petitioner's bank account by Thursday, 15.07.2021. Compliance affidavit in this regard be filed by the respondent before the next date.
6. Renotify on 27.07.2021.
..."
2. There is part compliance of the said order. The respondent is stated to have paid Rs.5 lakhs to the petitioner to whom he otherwise owes more than Rs.1.9 crores in terms of the order Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:22.09.2021 15:39:40 passed by the learned MM on 14.10.2020. The respondent was directed to pay Rs.5 lakhs per month. The said order directs inter alia as under:
"....
Since, complainant has not substantiated the earning of the respondent no.1 with any documents, in view of the material available on record, this Court finds that respondent no.1 is duty bound to maintain the complainant and he cannot shy away from his responsibility. Parties do not have any child as admitted by both of them. Thus, relief is granted in favour of complainant. As per the status of parties, this court deems it appropriate that respondent no.1 shall pay Rs.5,00,000/- each month to the complainant to maintain herself from the date of filing of the present application till the complainant is legally entitled to receive the same or till final disposal of the case Nothing stated hereinabove shall tantamount as an expression of opinion upon the merits of the case. The amount paid towards maintenance other proceedings shall stand adjusted. Interim in maintenance application is accordingly disposed off.
To come up before the Court for complainant's evidence on 21.11.2020. Complainant is directed to supply advance copy of affidavit of the complainant witnesses to the counsel of the other side under acknowledgment at least 5 days prior to the next date of hearing."
3. It is not in dispute that the said order has not been modified. The respondent is supposed to pay the monies regularly in terms of the aforesaid order. He has not done so. The outstanding amount is Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:22.09.2021 15:39:40 stated to be almost Rs.2 crores. The respondent is clearly in breach of the said order. The court is, prima facie, of the view that the respondent has committed contempt of court.
4. The learned Senior Advocate for the petitioner-estranged wife submits that Rs.5 lakhs were paid only pursuant to the directions in this contempt petition and the petitioner has been virtually without monies since March 2018 when she was deserted.
5. Issue show cause notice to the respondent, as to why proceedings be not initiated against him for having committed contempt of court.
6. The learned counsel named above accepts notice on behalf of the respondent.
7. Reply be filed in 2 weeks. Rejoinder, if any, be filed in 1 week thereafter.
8. List on 12.10.2021.
9. It will be open to the respondent to mitigate his and the petitioner's circumstances by complying with the aforesaid directions.
10.The respondent shall not leave the country without prior permission of the court.
11.The order be uploaded on the website forthwith.
NAJMI WAZIRI, J SEPTEMBER 15, 2021 AB Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:22.09.2021 15:39:40