Delhi High Court - Orders
Vimal Kirti Gupta vs Rajan Gupta on 14 December, 2022
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 233/2022
VIMAL KIRTI GUPTA ..... Petitioner
Through: Dr. Pankaj Garg and Mr. Yaksh Garg,
Advocates along with Petitioner in
person.
versus
RAJAN GUPTA ..... Respondent
Through: Ms. Anu Narula and Ms. Meena M.
Gupta, Advocates along with
Respondent in person
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 14.12.2022
1. The Respondent is personally present in Court in compliance with the order dated 30th November, 2022.
2. The learned counsel for the Respondent states that the Respondent has made a payment of Rs. 4 lakhs on 13th December, 2022 to the Petitioner in compliance with the undertaking given to this Court, which is recorded vide order dated 10th October, 2022.
3. The learned counsel for the Petitioner confirms the receipt of the said payment. However, he states that even after the receipt of the said amount, there is an arrear of Rs. 13,67,000/- due and payable to the Petitioner by the Respondent. He states that the Respondent may be directed to timely remit the Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:20.12.2022 17:15:15 maintenance due and payable for the current month of December, 2022 and the successive months, without any further defaults. He states that it is a matter of record that as per order dated 19th February, 2021 passed by the Ld. MM-01 (Mahila Court), NW, Rohini, Delhi, there are three components of maintenance i.e., Rs.35,000/- for the Petitioner, Rs.18,000/- for the minor child and Rs. 10,000/- for the rent. The sum total of the amounts is Rs. 53,000/-.
4. The learned counsel for the Respondent on instructions states that the Respondent cannot comply with the order of maintenance. She states the Respondent is currently in a position to only make a monthly payment of Rs. 18,000/- to the minor child. She states that the Respondent is unwilling to assure this Court that he will remit the payment as towards the maintenance for the Petitioner and the rent. She prays that the proceedings be adjourned to await the orders of the Appellate Court as the Respondent is hopeful of the Trial Court order being modified.
5. At the outset, it is observed that the aforesaid submission of the Respondent cannot be accepted by this Court. The unwillingness of the Respondent to pay maintenance for the current month cannot be countenanced by this Court. Though an appeal has been filed, admittedly there is no stay granted by the Appellate Court. The order of the Trial Court until it is modified by the Appellate Court is binding on the parties and the Respondent cannot exercise an option to not abide by the orders of the Trial Court. The parties have taken recourse to law and approached the competent Court to determine their rights and obligations. The Trial Court after duly considering the material before it has determined the maintenance to be payable by the Respondent. Inasmuch Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:20.12.2022 17:15:15 as the Petitioner herein will be bound by any modification which may be made by the Appellate Court, so also the Respondent is bound to comply with the order of the Trial Court. For the rule of law to prevail it is necessary that the parties who take recourse to legal remedies have confidence that the orders passed by the Courts shall be complied with by the opposite party; lest the proceedings before the competent courts be reduced to a mock trial.
6. In a civil society which favours the rule of law, no person can be allowed to elect to not comply with the orders of the Court. In this regard, this Court would like to refer to the decision of the Hon'ble Supreme Court in Subrata Roy Sahara v. Union of India and Others, (2014) 8 SCC 470 wherein it was held as follows:
"185.2. Disobedience of orders of a court strikes at the very root of the rule of law on which the judicial system rests. Judicial orders are bound to be obeyed at all costs. Howsoever grave the effect may be, is no answer for non-compliance with a judicial order. Judicial orders cannot be permitted to be circumvented. In exercise of the contempt jurisdiction, courts have the power to enforce compliance with judicial orders, and also, the power to punish for contempt. (For details, refer to paras 15-
21.)"
(Emphasis supplied) This Court finds that the Respondent himself has taken a recourse to filing an appeal and has approached the Appellate Court. It is the contention of the Respondent that the Petitioner herein should await the orders of the Appellate Court and not press the present proceedings though, he is expressing his unwillingness to comply with the order of the Trial Court. It is thus, evident that Respondent is taking inconsistent stands to the prejudice of the Petitioner and exhibiting disregard for the orders of the Court.
7. This Court therefore finds the Respondent's election to not pay the Petitioner her maintenance and rent as determined by the Trial Court, is a defiant Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:20.12.2022 17:15:15 stand. The order of the Trial Court is in operation and the Respondent is bound by the same. If the Respondent continues to default in his obligation to comply with the orders of the Trial Court, he shall face the consequences of non- compliance.
8. The learned counsel for the Respondent seeks time to file reply affidavit to the show cause notice issued in pursuance to the order dated 4th August, 2022 within a period of four weeks. Rejoinder, if any, within two weeks thereafter, before the next date of hearing.
9. List on 25.01.2023.
MANMEET PRITAM SINGH ARORA, J DECEMBER 14, 2022/hp/kv Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:20.12.2022 17:15:15