Delhi High Court - Orders
Lovely Sharma vs Manissh Jaisani on 26 April, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1816/2022
LOVELY SHARMA ..... Petitioner
Through: Ms. Mishika Singh, Advocate
(DHCLSC).
versus
MANISSH JAISANI ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 26.04.2022 Crl.M.A. 7698/2022 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.C. 1816/20221. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ["CrPC"], inter alia seeking expeditious disposal of the application filed by her under Section 125 of the CrPC [MT No. 158/2019] before the Family Court, Patiala House Courts, New Delhi District, Delhi ["Family Court"],.
2. Ms. Mishika Singh, learned counsel for the petitioner, submits that the petitioner's application for maintenance has been pending before the Family Court since September, 2019, and that the application for interim Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:26.04.2022 20:53:32 CRL.M.C. 1816/2022 Page 1 of 3 maintenance also remains pending. Ms. Singh submits that although, the Family Court, by way of an order dated 03.03.2020, has fixed the ad interim maintenance of ₹25,000/- per month, even that amount is not being paid regularly by the respondent. She further points out that the respondent has taken several adjournments to file the affidavit of income and expenditure, but the same has not yet been filed.
3. Ms. Singh draws my attention to the last order passed in the proceedings by the Family Court, being an order dated 08.03.2022, in which the statement on behalf of the respondent is recorded to the effect that the affidavit of income and expenditure filed by the petitioner has not been furnished to him. According to Ms. Singh, the said affidavit was filed as far back as in September, 2021, as recorded in the order of the Family Court dated 14.09.2021, and that the respondent could have sought a certified copy of the same from the Family Court. She further submits that this contention of the respondent is belied by the application dated 05.03.2022, filed by him under Section 340 of the CrPC.
4. I find from the order of the Family Court dated 08.03.2022, that the proceedings are listed before it tomorrow i.e., 27.04.2022 for reply to the respondent's application under Section 340 of the CrPC, and for arguments on the interim maintainence application, as well as on the application moved by the respondent under Section 125(4) of the CrPC.
5. As the proceedings are listed before the Family Court tomorrow, I am of the view that it is not necessary to entertain the present petition at this stage. It is open to the petitioner to request the Family Court to take up the matter as expeditiously as possible and practicable, which the Family Court, may consider, at least on the question of interim Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:26.04.2022 20:53:32 CRL.M.C. 1816/2022 Page 2 of 3 maintenance, keeping in mind the fact that the present proceedings are pending since 2019.
6. The petition is disposed of in terms of the above, without prejudice to the rights and contentions of the parties. The petitioner will be at liberty to seek appropriate relief on the grounds urged in this petition by way of a fresh petition, if necessary, at a subsequent stage.
7. It is made clear that this Court has not entered into the merits of the contentions raised by the petitioner.
8. The petition is disposed of with these observations.
9. A copy of this order also be given dasti under the signatures of the Court Master.
PRATEEK JALAN, J APRIL 26, 2022 'Bhupi'/ Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:26.04.2022 20:53:32 CRL.M.C. 1816/2022 Page 3 of 3