Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1]

Supreme Court - Daily Orders

Reema Salkan vs Sumer Singh Salkan on 28 October, 2014

Bench: Dipak Misra, Rohinton Fali Nariman, Uday Umesh Lalit

                                                           1

                                       IN THE SUPREME COURT OF INDIA

                                     CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL APPEAL NOS. 2347-2349                OF 2014
                         (arising out of S.L.P. (Criminal) Nos. 4275-4277 of 2014)

                REEMA SALKAN                                                 Appellant(s)

                                                         VERSUS

                SUMER SINGH SALKAN                                           Respondent(s)

                                                O    R    D    E     R




                              Delay condoned.

                2.            Leave granted.

                3.            Having         heard             Ms.         Reema        Salkan,

                appellant-in-person                 and       Ms.        Malavika    Rajkotia,

                learned counsel for the respondent - husband, we are

                of the considered opinion that the cause of justice

                would be sub-served if the appellant is granted a

                sum of Rs. 20,000/- (Rupees Twenty Thousand Only)

                per          month      as     interim         maintenance          commencing

                November 1, 2014. The said amount shall be paid by

                way of bank draft in the name of the appellant by
Signature Not Verified


                the
Digitally signed by
Rajesh Dham
Date: 2014.11.05
                            husband.     The    main      application         for    grant   of
17:25:58 IST
Reason:


                maintenance            which    is    pending            before   the   learned

                Family Judge forming the subject matter of M.C. No.
                                    2

126 of 2014 shall be disposed of within a period of

three months hence.

4.      We have been apprised that the learned Family

Judge    who     was      hearing       the    matter       has    been

transferred. Regard being had to the said fact, it

is directed that the learned District Judge, Rohini

District Court, Delhi shall allot the said case to

another Family Court Judge who shall dispose of the

same    within      the    stipulated         time    and   send    the

requisite intimation thereof to the Registry of this

Court. Be it stated, there is no justification for

delaying the decision in a maintenance matter, for

such delay clearly exhibits lack of sensitivity                     to

the issue.

5.      At this juncture, we have been apprised that

in pursuance of the order passed by the High Court,

the respondent – husband had deposited certain sum

before the High Court towards security. Keeping in

view the factum of delay in adjudication and also

taking note of the submissions made by the wife, we

direct that 50% of the amount which was deposited

before the       High Court    shall also            be released     in

favour of the appellant by the Registry of the High
                                   3

Court of Delhi within a week hence. Needless to say,

the same shall be a matter of determination at the

time   of   final       disposal   of   the   main    application.

Learned Family Judge is also advised to take into

consideration whether there would be some arrears of

maintenance        in      computation        of     the   interim

maintenance fixed by the Family Court as well as by

the High Court and pass appropriate orders while

disposing the main application.

6.     With        the      aforesaid         observations     and

directions, the Appeals stand disposed of.



                               .........................J.
                               (DIPAK MISRA)



                               ...........................J.
                               (ROHINTON FALI NARIMAN)



NEW DELHI;                     ...........................J.
OCTOBER 28, 2014               (UDAY UMESH LALIT)
                                    4

ITEM NO.11                  COURT NO.7                    SECTION II

                S U P R E M E C O U R T O F        I N D I A
                        RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)   No(s).    4275-4277/2014

(Arising out of impugned final judgment and order dated
22/11/2010 in CRLMC No. 418/200, dated 13/03/2014 in CRLMA
No.12340/2013 and dated 03/04/2014 in CRLMA No. 5565/2014
passed by the High Court Of Delhi At N. Delhi)

REEMA SALKAN                                               Petitioner(s)

                                   VERSUS

SUMER SINGH SALKAN                                         Respondent(s)

(wutg appln.(s) for directions to direct the petitioner to supply
a copy of paper book to the respondent and stay and office report)
[FOR FINAL DISPOSAL]

Date : 28/10/2014    These petitions were called on for hearing
                     today.

CORAM :   HON'BLE MR. JUSTICE DIPAK MISRA
          HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
          HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Petitioner(s)     Ms. Reema Salkan, petitioner-in-person

For Respondent(s)     Ms.   Malavika Rajkotia, Adv.
                      Mr.   Vaibhav Vats, Adv.
                      Ms.   Aanchal Kapoor, Adv.
                      Mr.   Lakshmi Raman Singh,Adv.

           UPON hearing the counsel the Court made the following
                              O R D E R

Delay condoned. Leave granted. Appeals are disposed of in terms of the signed order.

Pending application, if any, stands disposed of.

(RAJESH DHAM) (RENUKA SADANA) COURT MASTER COURT MASTER (signed order is placed on the file)