Delhi High Court - Orders
Kakali Roy vs Dr. Prabir Maji S on 28 April, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 270/2023
KAKALI ROY ..... Petitioner
Through: Ms. Roma Bhagat, Mr. Dipanshu
Sehrawat and Mr. Krishna,
Advocates
versus
DR. PRABIR MAJI s ..... Respondent
Through: Mr. Niranjan Sahu, Advocate
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 28.04.2023 CM APPL. 21394/2023 (for modification of order dated 06.03.2023.)
1. This is an application filed by the Respondent seeking a direction to the Metropolitan Magistrate, Mahila Court, Saket District Courts, New Delhi ('Trial Court') to decide and dispose of his application, filed under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 ('DV Act').
1.1. The learned counsel for the Respondent/Applicant states that the execution petitions filed by the Petitioner herein are listed for hearing before the Trial Court on 29.04.2023. He states that the arrears of maintenance, which is subject matter of this execution petition, stands at Rs. 6,36,000/- and in addition the Petitioner is claiming a penalty amount of Rs. 3,15,000/-. He states that the Respondent herein is seeking deferment from making the payment until his application under Section 25(2) of the DV Act is heard and decided by the Trial Court.
2. In reply, learned counsel for the Petitioner states that the application filed under Section 25(2) DV Act is pending consideration, since the Petitioner herein has filed an application under Section 91 of Signature Not Verified Digitally Signed By:MAHIMA SHARMA Signing Date:02.05.2023 18:50:19 Cr.P.C. seeking information from the Respondent, which is material for deciding the said application. She states that the Respondent herein has not filed his reply to the application filed under Section 91 of Cr.P.C. and it is for this reason that his application under Section 25(2) DV Act continues to remain pending.
2.1. She further states that it is the stand of the Petitioner herein that the Respondent has recently liquidated his loans to the tune of Rs. 50,00,000/- which he had availed as home loan and car loan; and this fact itself shows that he is the man of sufficient means and is consciously electing to not pay the maintenance arrears.
3. In rejoinder, learned counsel for the Respondent states that Respondent intends to file his reply to the application filed under Section 91 Cr.P.C., within a period of one (1) week.
4. This Court finds no merit in the prayer made by the Respondent.
5. In view of the admitted fact that the Respondent herein is not complying with the order dated 13.01.2020 and 31.11.2020 passed by the Trial Court fixing the interim maintenance, and the Section 91 Cr.P.C application is pending reply, this Courts finds no grounds to issue directions as sought for at the behest of the Respondent.
6. Accordingly, the present application is dismissed. CONT.CAS(C) 270/2023
7. The Respondent is directed to ensure that his reply affidavit is placed on record within one (1) week.
8. List on 25.07.2023, the date already fixed.
MANMEET PRITAM SINGH ARORA, J APRIL 28, 2023/rk/aa Signature Not Verified Digitally Signed By:MAHIMA SHARMA Signing Date:02.05.2023 18:50:19