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Supreme Court - Daily Orders

Abhishek Dubey vs Archana Tiwari on 19 June, 2020

Bench: Sanjay Kishan Kaul, K.M. Joseph

     ITEM NO.10                           Virtual Court 7                         SECTION II-C

                                         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).      319/2020

     (Arising out of impugned final judgment and order dated 15-10-2019
     in CRLRP No. 944/2019 passed by the High Court of Delhi at New
     Delhi)

     ABHISHEK DUBEY                                                                     Petitioner(s)

                                                            VERSUS

     ARCHANA TIWARI                                                                     Respondent(s)

     (FOR ADMISSION and IA No.7161/2020-EXEMPTION FROM FILING O.T.)

     Date : 19-06-2020 This petition was called on for hearing today.

     CORAM :
                              HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                              HON'BLE MR. JUSTICE K.M. JOSEPH

     For Petitioner(s)                       Mr. Manoj Dwivedi,Adv.
                                             Mr. Piyush Dwivedi, AOR

     For Respondent(s)                       Mr. Namit Saxena,Adv.
                                             Mr. P. V. Dinesh, AOR

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

Application for exemption from filing official translation is allowed.

The sole point which has been urged, apart from seeking to challenge the directions as asked in the impugned order to prosecute the petitioner under Section 340 Cr.P.C., is that in the Criminal Revision Petition filed by the petitioner, without being any challenge Signature Not Verified laid by the respondent, the maintenance has been Digitally signed by GEETA AHUJA Date: 2020.06.19 15:09:40 IST Reason: enhanced.

1 We put a query to the learned counsel for the petitioner whether at least a sum of Rs.10,000/- per month has been deposited for the benefit of the respondent wife. He has apparently not done so.

We are not inclined to even examine the plea under Article 136 of the Constitution of India before the petitioner first complies with the requirement of at least deposit of Rs.10,000/- per month up to the month of June, 2020.

Learned counsel for the petitioner seeks 15 days’ time to deposit the amount.

List in the reopening second week of July, 2020.




(ANITA MALHOTRA)                                             (ANITA RANI AHUJA)
  COURT MASTER                                              ASSISTANT REGISTRAR




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