Delhi High Court - Orders
Dheeraj Bansal vs Poonam Bansal on 28 February, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~102
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 440/2022
DHEERAJ BANSAL
..... Petitioner
Through: Mr.Vinod Dahiya, Mr.Bharat
Bagga & Mr.Yogesh Panwar,
Advs.
versus
POONAM BANSAL
..... Respondent
Through: Mr.Shiv Chopra, Ms.Aadhyaa
Khanna & Mr.Siddharth Arora,
Advs. along with respondent in
person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 28.02.2024 CRL.M.A. 6451/2024
1. This application has been filed seeking recall of the order dated 22.01.2024 passed by this Court, wherein this Court had directed as under:-
"6. The learned counsel for the respondent submits that the elder daughter of the parties is studying at the Sharda University and the fee amount of Rs.2,49,225/- is due and payable. He submits that the younger daughter of the parties is studying in a school for which the fee of Rs.19,602/- is due and payable, as of today.
7. The petitioner, who is present in person in Court, without prejudice to his rights and contentions, undertakes to make payment of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 22:51:08 the above amount within a period of four weeks from today, either directly to the University/School or through the respondent.
8. The proof of such payment shall be filed by the petitioner with this Court on or before the next date of hearing with an advance copy of the same to be supplied to the respondent. Failure, if any, of the petitioner to comply with his undertaking, apart from other actions, shall lead to an automatic vacation of the interim stay granted by this Court vide Order dated 28.02.2023.
9. I may herein note that the abovementioned fee is only the tuition fee and this Court has, presently, not passed any order with respect to the maintenance of the respondent and/or the children, therefore, any excuse by the petitioner for non-payment of the same will be strictly viewed by this Court."
2. The present application has been filed stating that the petitioner is not financially stable and has a liability of Rs.19,034/-, which is to be paid per month towards repayment of the loan which he had taken to meet the expenses of the college fee of the elder daughter of the parties deposited earlier. The learned counsel for the petitioner has also drawn my attention to the loan documents in support of the above plea.
3. It is further stated that due to the restriction on movement of trucks into Delhi and the strike of the Driver Union against the Motor Vehicles Act, the income of the petitioner has totally stopped, and he is not financially in a position to pay the amount as undertaken by him in the order dated 22.01.2024.
4. I have considered the submissions made by the learned counsel This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 22:51:08 for the petitioner.
5. In the present case, the order dated 22.01.2024 merely directs the petitioner to pay the educational expenses of the children of the parties. It has also been clarified that the said order does not direct the petitioner to pay any maintenance to either of the children or the respondent. It has become apparent from the documents annexed, that these documents were created only to somehow create an excuse to not pay maintenance to the respondent. While these documents would be considered by this Court on the next date of hearing while determining the maintenance payable by the petitioner to the respondent, if any, at the same time, the education of the children cannot be compromised. Therefore, I see no reason to recall the order dated 22.01.2024.
6. The petitioner is warned that in case he does not comply with the order 22.01.2024, strict action shall be taken against the petitioner for the same.
7. The application is dismissed.
NAVIN CHAWLA, J FEBRUARY 28, 2024/rv/am Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 22:51:09