Delhi High Court - Orders
Sakshi Nagrath vs Tarun Arora on 6 May, 2025
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 384/2024 CM APPL. 25627/2024 CM APPL.
29459/2024 CM APPL. 33467/2024 CM APPL. 45944/2024
SAKSHI NAGRATH .....Petitioner
Through: Mr. Sudhir Nandrajog Sr. Adv, Mr.
Prashant Mendiratta, Mr. Arjun Gaur,
Ms. Somyashree, Ms. Ankita Singh,
Ms. Veenu Singh, Mr. Rohit Gadia,
Advs.
versus
TARUN ARORA .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 06.05.2025 CM APPL. 65753/2024 (for directions)
1. This petition has been filed alleging wilful disobedience and contempt of orders passed by the Division Bench of this Court on 28th November 2023 in MAT. APP. (F.C.) 336/2023. Relevant directions from the said order are extracted as under:
1. The challenge in this appeal is to an order dated October 09, 2023 passed by learned Judge, Family Court, South East District, Saket Court, New Delhi (hereinafter, referred to as the 'learned Judge, Family Court') on an application filed by the respondent under Section 151 CPC read with Section 12 of the Guardians and Wards Act and an ad-interim order in the following manner was passed:
"xxxx 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 29/06/2025 at 20:11:11 Having heard the submissions on both sides and perused the material available on record, in view of categorical admissions of the respondent in reply to the petition, as an ad interim measure, I deem it fit to direct the respondent to pay a sum of Rs.1,40,000/- per month for the maintenance of the minor child till disposal of the aforesaid application.
The aforesaid amount be transferred directly to the bank account of the petitioner by the 7th of every month.
xxx"
2. Though various submissions have been made by Ms.Nidhi Mohan Parashar, learned counsel for the appellant and Mr.Dayan Krishnan, learned Senior Counsel appearing for the respondent, we are of the view that since the order passed by the learned Judge, Family Court is only an ad-interim order, subject to final determination of the application filed by the respondent and it is also agreed to by the counsel for the parties, appropriate shall be to advance the date of hearing before the learned Judge, Family Court to enable the counsel for the parties to argue application finally, we advance the date of hearing of the application from January 23, 2024 to December 19, 2023, when counsel for the parties shall appear before the learned Judge. It is made clear that till such time the application filed by the respondent is decided, the appellant herein shall continue to pay the amount granted by the learned Judge, Family Court in the impugned order in two equal instalments on quarterly basis.
3. All the pleas of the counsel for the parties, both on facts and in law, including the plea of maintainability of the appellant, perjury, concealment of documents of the respondent are left open to be canvassed before the Family Court.
4. The appeal is disposed of along with pending application, if any."
(emphasis added) 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 29/06/2025 at 20:11:11
2. Attention is drawn to the Family Court's order dated 9th October 2023, by which an ad-interim maintenance awarded of Rs.1,40,000/- per month was awarded to be paid by the respondent/husband for the maintenance of the minor child. The said order is also extracted for ease of reference:
"Heard and perused.
Some documents filed on behalf of the petitioner. Copies supplied.
Part arguments heard on application under Section 151 CPC read with Section 12 of Guardians and Wards Act seeking interim maintenance for the minor child moved by the petitioner.
During the course of the arguments Mr. Mendiratta submits that by way of aforesaid application, petitioner is seeking direction to respondent to pay monthly maintenance of Rs.3,68,000/- for the minor daughter however ·in view of the admissions of the respondent in reply to the main petition, as an ad interim measure, the respondent be directed to pay a sum of Rs.1,40,000/- per month which he admittedly earlier used to pay and stopped without. any rhyme and reason. Mr. Mendiratta also referred to paras 17, 34, 42 & 43 of the reply filed by the respondent in support of his contentions. Per contra, Ms. Gautam submits that the respondent has no capacity to pay the claimed amount due to change in circumstances.
Having heard the submissions on both sides and perused the material available on record, in view of categorical admissions of the respondent in reply to the petition, as an ad interim measure, I deem it fit to direct the respondent to pay a sum of Rs. 1,40,000/- per month for the maintenance of the minor child till disposal of the aforesaid application. The aforesaid amount be transferred directly to the bank account of the petitioner by the 7th of every month. Learned counsel for the respondent also submits that respondent has not met or talked with the minor daughter and he be also allowed to interact with the minor child through video/audio call.
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 29/06/2025 at 20:11:11 Petitioner submits that she has no objection if the respondent is allowed to interact with the child through video/phone call. Accordingly, respondent is allowed to interact with the child through video/phone call on every Saturday and Sunday between 07:30 P.M. to 08:00 P.M. IST (Indian Standard Time) for about l 0-15 minutes as per the comfort and convenience of child.
Petitioner is will extend her cooperation in facilitating the aforesaid calls.
List the case for further arguments on application under Section 151 CPC read with Section 12 of Guardians and Wards Act and on 23.01.2024 at 12:00 Noon.
On request, copy of the order be given to both the parties."
(emphasis added)
3. On 06th March 2024, notice was issued to the respondent.
4. On 8th April 2024, Mr. Deepak Yadav, Advocate, entered appearance for the respondent. Despite directions, respondent/husband failed to appear before the Court. In this context, the Court passed the following observations:
"2. This Court has taken a very serious view of this matter that the orders passed by the Courts are being taken lightly by the respondent and are being flouted with impunity in this manner.
3. The respondent is not complying with the orders passed by the learned Family Court, as he is not making the payments towards ad-interim maintenance to the petitioner. Furthermore, he has also showed scant regard for the order passed by this Court, wherein he was directed to appear through Video Conferencing.
4. The respondent is cautioned that in case he violates the orders or takes the order of the Court lightly in future, appropriate orders shall be passed by this Court.
5. Learned counsel appearing for the petitioner submits that as of today, an amount of ₹ 9,80,000/ - is due and payable to the petitioner from the respondent.
6. Learned counsel appearing for the petitioner further 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 29/06/2025 at 20:11:11 submits that the respondent had sought modification of the order dated 28th November, 2023 passed by the learned Division Bench in MAT APP. (FC) No. 336/2023. However, the said application filed by the respondent was dismissed by the learned Division Bench on 15th March, 2024.
7. Thus, this Court is of the view that there is no impediment for the respondent in complying with the directions passed by the learned Division Bench of this Court.
8. Accordingly, it is directed that the respondent shall pay an amount of ₹4,00,000/- to the petitioner within a period of 10 days from today."
(emphasis added)
5. Respondent/husband subsequently pleaded that the title documents and keys of the 'Flat bearing No. H 105, Raheja Atharva, Sector 109 Gurugram, Haryana' be handed over by the petitioner/wife to him, considering that the keys of the said apartment had been handed over by the respondent/husband to her. This was in the context of the plea made by the respondent/husband that he would be able to sell the flat and utilise the monies to shore up the maintenance.
6. On 16th May 2024, counsel for respondent stated that the company of the respondent/husband was under liquidation and, therefore, the respondent/husband was not able to pay the amount.
7. In the meantime, an application being CM APPL.29459/2024 had been filed by the petitioner/wife seeking directions against the respondent/husband to file documents to disclose and verify his financial status. Respondent/husband stated that he had not concealed any income, assets, investments, funds, and bank accounts from the Court. It was stated that on the contrary, he stated that he had no financial capability to comply with the 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 29/06/2025 at 20:11:11 order dated 28th November 2023.
8. Paragraph 8 of the said application is being extracted as under for ease of reference:
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 29/06/2025 at 20:11:11 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 29/06/2025 at 20:11:11 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 29/06/2025 at 20:11:11 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 29/06/2025 at 20:11:11 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 29/06/2025 at 20:11:11 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 29/06/2025 at 20:11:11 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 29/06/2025 at 20:11:11 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 29/06/2025 at 20:11:11 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 29/06/2025 at 20:11:11 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 29/06/2025 at 20:11:11
9. Accordingly, the CM APPL.29459/2024 application sought various documents which are listed here under:
"9. The Petitioner is accordingly filing the present application praying that in the interest of justice, the Respondent may kindly be directed to disclose and furnish/ file the following details/ documents:
(i) Complete statements of bank account bearing no.
70943584 with Barclays bank for the period from 01.04.2019 till date.
(ii) Complete statements of bank account bearing no. 53514196, for the period from 01.04.2019 till date.
(iii) Complete statement of bank account bearing no. 10449627, for the period from 01.04.2019 till date.
(iv) Complete statement of Binance / cryptocurrency/ Bitcoin account of the Respondent, for the period from 01.04.2019 till date with all details of payments, purchase, sale, value, and dates of purchase and sale.
(v) Complete details of bank accounts, bank statements and financial statements of GSM Traders Ltd., for the period from 01.04.2019 till date, which is a company of the Respondent of which he was the sole director and shareholder and he applied for its voluntary winding up after the filing of the Guardianship Petition.
(vi) Complete details of bank accounts, bank statements and financial statements of GSM Traders Property Company Ltd., for the period from 01.04.2019 till date, which is a company of the Respondent of which he was the sole director and shareholder and he applied for its voluntary winding up after the filing of the Guardianship Petition.
(vii) Complete details of bank accounts, bank statements and financial statements of Cruises Limited for the period from 01.04.2019 till date, which is a company of the Respondent of which he was the sole director and shareholder.
(viii) The Respondent is liable to file the bank account details and copy of statement of bank accounts for the 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 29/06/2025 at 20:11:11 period from 01.04.2019 onwards and till date, and also the details of all assets, investments, etc. of GJ Boon and Cruises Limited.
(ix) Complete Income Tax Returns of the respondent and his companies /businesses for the period from 01.04.2019 till date."
10. In CM APPL.29459/2024 application, it has been stated that the respondent/husband had appointed Mr. Richard Toone, [Address: 31st Floor, 40 Bank Street, London, United Kingdom, E145NR, email ID:
[email protected], Telephone Number: 02075161500], as the liquidator for GSM Traders Property Company Ltd. and GSM Traders Ltd.
11. Accordingly, CM APPL.29459/2024 application sought that Notice be issued to Mr. Richard Toone and furnish the following documents before this Court, which are as under:
"(i) Complete details of bank accounts, bank statements and financial statements of GSM Traders Ltd., for the period from 01.04.2019 till date, which is a company of the Respondent of which he was the sole director and shareholder and he applied for its voluntary winding up after the filing of the Guardianship Petition.
(ii) Complete details of bank accounts, bank statements and financial statements of GSM Traders Property Company Ltd., for the period from 01.04.2019 till date, which is a company of the Respondent of which he was the sole director and shareholder and he applied for its voluntary winding up after the filing of the Guardianship Petition."
12. Directions were passed by this Court on 16th May 2024 that the documents enlisted in the application be filed by the respondent/husband. The matter was then listed subsequently; however, the documents were not filed.
13. On 19th July 2024, the Court again noted as under:
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 29/06/2025 at 20:11:11 "4. It is evident that the respondent is putting forth lame excuses to avoid the payment of maintenance. Let the parties make appropriate submissions before the learned Judge, Family Courts on the date already fixed. The learned Family Court shall ascertain the amount of arrears of maintenance payable by the respondent and shall pass appropriate coercive orders to recover the arrears of maintenance and ensure future compliances in accordance with law."
(emphasis added)
14. On 12th August 2024, the Court passed the directions which are as under:
"5. Respondent is directed to make the immediate payment of maintenance towards the well-being and maintenance of his daughter w.e.f. January, 2024 within a month from today. This is without prejudice.
6. However, the respondent is directed to appear in person and produce the certified copies of statement of accounts w.e.f. January, 2022 till date before this Court.
7. At this stage, as requested by the learned counsel for the respondent, the respondent shall be at liberty to move an appropriate application before the learned Principal Judge, Family Courts for sale of the property. However, the payment of maintenance shall be made, as aforesaid, without any default."
(emphasis added)
15. Subsequently, on 11th November 2024, Mr. Anand Chichra, Advocate appearing for respondent/husband, sought discharge from representing the respondent.
16. Mr. Sudhir Nandrajog, Senior Advocate, represents the petitioner/wife and, in the background of these facts and circumstances, presses for the prayers stated in CM APPL.65753/2024, which are extracted as under for reference:
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 29/06/2025 at 20:11:11 "(a) Direct that the Respondent be arrested, and sentence the Respondent to imprisonment for committing contempt and wilful and deliberate disobedience of the orders passed by this Hon'ble Court;
(b) Warrants of arrest be issued for the Respondent so that he can be punished by this Hon'ble Court for committing contempt,
(c) The property of the Respondent at flat bearing no. H-105, Raheja Atharva, Sector- 109, Gurugram, Haryana be attached and be transferred to the Petitioner / minor (as was also proposed by the Respondent by the email dated 20.04.2024;
(d) Direct Mr. Richard Toone, 31st Floor, 40 Bank Street, London, United Kingdom, E145NR, email ID:
[email protected], Telephone Number:
02075161500, to file the complete statement of account from 01.01.2022 till date of the following bank accounts:
i. bank account bearing no. 70943584 (with Barclays Bank) in the name of GSM Traders Limited, ii. bank account bearing no. 53514196 (with Barclays Bank) in the name of GSM Traders Property Company Limited, and iii. bank account bearing no. 51816262 (with Starling Bank) in the name of Cruises Limited, which is a company of the Respondent."
17. He has further brought to attention an E-mail dated 3rd November 2024, which had been issued by the respondent/husband to his lawyers including Mr. Anand Chichra, Advocate. This communication had been produced by Mr. Anand Chichra, Advocate while seeking discharge from the Court.
18. Effectively he has stated in the said E-mail that he is considering withdrawal from the jurisdiction of the Indian Courts concerning the case pending in the Family Court and the High Court of Delhi, and stated that he will no longer be participating in this case or any other legal proceeding in 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 29/06/2025 at 20:11:11 India. It has been stated that respondent is a British citizen and overseas citizen of India.
19. Yet another E-mail dated 28th April 2024 was exchanged between the respondent and petitioner. Respondent/husband, in this E-mail exchanged, inter alia, states as under:
"You are well aware that i have nothing more left to offer. The only asset left to my name is the flat in Gurgaon, which I am prepared to transfer to you and Meher. If this proposal is not agreeable to you, then you could instead handover the title documents and keys to me, so that I can then sell the flat and pay the maintenance as directed by the court."
20. Attention has also been drawn to order dated 28th January 2025 in MAT. APPL (FC) 39/2025, wherein directions have been passed by the Division Bench of this Court to the respondent/husband, to maintain status quo in the title and possession of the property and to restrain from creating any third- party rights.
21. In these circumstances, it was necessary to extract in extenso what has transpired previously in these proceedings to justify that the respondent/husband is wilfully avoiding compliance with the orders which he is legally bound to comply with. His mere statement that he does not wish to participate in the proceedings in the Indian jurisdiction has no legal basis and is completely unmerited.
22. In fact, this nature of an assertion is an affront to the Court and its majesty and the directions which have been passed by this Court previously. Any non-compliance of the same would make a mockery of the directions passed by this Family Courts as well as this Constitutional Court.
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 29/06/2025 at 20:11:11
23. Accordingly, the Court finds the prayers made in the said application merited and, therefore, directs as under:
a) The flat bearing No. H 105, Raheja Atharva, Sector 109 Gurugram, Haryana will stand attached and the keys of the same, which are in the possession of the petitioner/wife, shall be deposited with the Registrar General of this Court and shall be kept in a sealed cover. For maintenance and the check of the flat, petitioner/wife shall be at liberty to file an application, seeking prior permission of the Court.
b) To facilitate further progress of proceedings before this Court, Mr. Richard Toone, [Address: 31st Floor, 40 Bank Street, London, United Kingdom, E145NR, email ID:
[email protected], Telephone Number: 02075161500] will disclose to this Court (addressed to the Registrar General of this Court), complete statement of account from 01.01.2022 till date of the following bank accounts, which shall be kept by the Registry in a sealed cover, and presented to this Court on the day next fixed:
i. Bank account bearing no. 70943584 (with Barclays Bank) in the name of GSM Traders Limited, ii. Bank account bearing no. 53514196 (with Barclays Bank) in the name of GSM Traders Property Company Limited, and iii. Bank account bearing no. 51816262 (with Starling Bank) in the name of Cruises Limited, which is a company of the Respondent.
c) Notice be issued to Mr. Richard Toone on steps being 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 29/06/2025 at 20:11:11 taken by petitioner/wife and through the Indian Consulate at the Indian High Commission, London, with a copy of this order.
24. The residual prayers in the said application shall be kept pending for further assessment.
25. Re-notify on 10th September 2025.
26. Dasti.
27. Order be uploaded on the website of this Court.
ANISH DAYAL, J MAY 6, 2025/ak/tk 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 29/06/2025 at 20:11:11