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Delhi High Court - Orders

Neelam Walia vs Sanjay Walia on 18 May, 2023

Author: Swarana Kanta Sharma

Bench: Swarana Kanta Sharma

                                    $~19
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CRL.M.C. 4406/2019
                                                NEELAM WALIA                                                                       ..... Petitioner
                                                                                      Through:                 Ms. Satakshi Sood, Adv.

                                                                                      versus

                                                SANJAY WALIA                                                                     ..... Respondent
                                                                                      Through:                 Mr. Sandeep Bhuraria, Adv.

                                                CORAM:
                                                HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                                                                      ORDER

% 18.05.2023

1. Learned counsel for respondent states that he has been engaged yesterday itself. The case was adjourned in the month of February, 2023 and the respondent, who was present on the last date of hearing was directed to clear arrears of maintenance atleast to the extent of 70 per cent before the present date.

2. The matter was part heard. It was for the respondent to have ensured that he should have engaged a counsel earlier to the present date of hearing. Learned counsel for petitioner also points out that arrears of maintenance has not been cleared.

3. In these circumstances, since matter is pending since the year 2019 and the respondent has not paid any maintenance to the petitioner and even today despite being warned and directed to pay maintenance in the month of February, 2023, he has failed to make payment.

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 24/09/2023 at 14:23:38

4. Considering the same, a cost of Rs. 10,000/- is imposed on respondent which will be paid to the petitioner. The arrears of maintenance will be deposited within three days in the bank account of the petitioner as directed on the last date of hearing.

5. Re-notify for final disposal on 24.08.2023.

6. Trial Court Record, if not called, be called in digitized form atleast two days prior to the next date of hearing.

7. On the last date of hearing, both the parties were directed to file their written submissions. Written submissions have not been filed. Let the written submissions be also filed alongwith the case law that they want to rely upon before next date of hearing.

8. The order be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J MAY 18, 2023/kss 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 24/09/2023 at 14:23:38