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Kusum Sharma vs Mahinder Kumar Sharma on 21 May, 2021

Author: J.R. Midha

Bench: J.R. Midha

                          $~A-1
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     FAO 369/1996 & CM APPL.3840/2020

                                KUSUM SHARMA                                        ..... Appellant
                                           Through:

                                                    versus

                                MAHINDER KUMAR SHARMA                    ..... Respondent
                                             Through: Mr. Sunil Mittal, Senior Advocate as
                                                       Amicus Curiae with Ms. Seema Seth
                                                       Advocate.
                                                       Ms. Anu Narula, Advocate as Amicus
                                                       Curiae.
                                                       Mr./Ms.      , Advocate for applicant
                                                       in C.M. Appl. 3840/2020
                                CORAM:
                                HON'BLE MR. JUSTICE J.R. MIDHA

                                       ORDER

% 21.05.2021 CM APPL.3840/2020

1. The applicant is seeking impleadment in these proceedings on the ground that the applicant filed an application under Section 340 Cr.P.C. before Metropolitan Magistrate in a matrimonial litigation with his wife and the concerned Metropolitan Magistrate has not correctly interpreted para 19.16 of the order dated 14th January, 2015.

2. This Court is of the view that the impleadment of the applicant is not warranted in these proceedings. However, it is clarified that the word 'ordinarily' used in para 19.16 of the order dated 14th January, 2015 means that the Court has the discretion to invoke the jurisdiction under Section 340 Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.05.2021 10:31:57 Cr.P.C. in extraordinary circumstances shown to the Court. The application is, therefore, dismissed with liberty to the applicant to avail appropriate legal remedies against the order complained of.

3. The appeal abated on 24th May, 2017 as the appellant expired on 26th September, 2016 and her legal representatives did not pursue the appeal.

4. This appeal was kept pending to frame guidelines for adjudication of maintenance in matrimonial matters.

5. The guidelines framed by this Court were modified from time to time and the final judgment was passed on 06th August, 2020.

6. These proceedings are closed and need not be listed again.

7. This Court appreciates the assistance rendered by Mr. Sunil Mittal and Ms. Anu Narula, learned Amicus Curiae in this matter.

J.R. MIDHA, J.

MAY 21, 2021 ak Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.05.2021 10:31:57