Delhi High Court - Orders
Dheeraj Bansal vs Poonam Bansal on 20 March, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 440/2022 & CRL.M.A. 13670/2022
DHEERAJ BANSAL ..... Petitioner
Through: Mr.Vinod Dahiya, Mr.Bharat
Bagga, Ms.Mansi Asija and
Mr.Saurabh, Advs. along with
petitioner in person.
versus
POONAM BANSAL ..... Respondent
Through: Mr.Shiv Chopra and
Mr.Siddharth Arora, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 20.03.2024
1. This petition has been filed challenging the Order dated 23.04.2022 (hereinafter referred to as 'Impugned Order') passed by the learned Additional Principal Judge, Family Courts, West District, Tis Hazari Courts, Delhi (hereinafter referred to as 'Family Court') in MT. No. 52/2016, titled Poonam Bansal & Ors. v. Dheeraj Bansal, dismissing the application filed by the petitioner herein under Section 126(2) of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.).
2. By the Order dated 22.01.2024, this Court has 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.
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 23/03/2024 at 01:11:50
7. The petitioner, who is present in person in Court, without prejudice to his rights and contentions, undertakes to make payment of 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."
3. The petitioner instead of complying with the abovementioned directions filed an application being CRL.M.A. 6451/2024, seeking recall of the Order dated 22.01.2024. This Court vide its Order dated 28.02.2024 had dismissed the said application observing as under:
"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 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 23/03/2024 at 01:11:50 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."
4. Today, the petitioner appears in person before this Court and, admittedly, he has failed to comply with the Order dated 22.01.2024, inasmuch as he has not deposited the fee for the elder child.
5. This Court in its Order dated 28.02.2024 had also warned the petitioner that in case he fails to comply with the Order 22.01.2024, strict action shall be taken against the petitioner for the same.
6. Accordingly, this Court is left with no other option but to issue a notice of contempt to the petitioner for not complying with the repeated directions of this Court. The petitioner shall file his affidavit in response to the notice of contempt within a period of two weeks from today.
7. The petitioner shall also remain personally present in Court on the next date of hearing.
8. List on 16th April, 2024.
NAVIN CHAWLA, J MARCH 20, 2024/ns/AS 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 23/03/2024 at 01:11:51