Delhi High Court - Orders
Ekta Abbot vs Ankur Abbot on 16 November, 2022
Author: Sachin Datta
Bench: Sachin Datta
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 467/2022
EKTA ABBOT ..... Petitioner
Through: Mr. Karan Prakash, Advocate.
versus
ANKUR ABBOT ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 16.11.2022
1. The present petition alleges wilful disobedience of the directions contained in the judgment/order dated 31.03.2022 passed by learned Metropolitan Magistrate, Mahila Court-05, West District, Tis Hazari Courts, Delhi in M C No. 79/2017. The operative directions are as under:
"15. In view of the above discussion, taking into consideration the fact that monthly expenditure of minor child is on a higher side taking into consideration her medical condition and therapies which the child ought to receive, respondent no.1 is directed to pay Rs.75,000/- pm as interim maintenance for petitioner and Rs.40,000/- pm as interim maintenance for the minor daughter (thus total interim maintenance of Rs.1,15,000/- per month) from the date of filing of the petition till the final disposal of this case. The above said interim maintenance shall be towards food, rent, clothing, education, special needs of the child, household and other necessary expenses all inclusive. The above said interim maintenance amount shall be adjustable to the a1nount, if any, the petitioner or the minor daughter are getting towards ,maintenance of themselves from the respondent no. 1 in this proceeding or from any other proceedings.Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:19.11.2022 16:36:16
16. Let the monthly maintenance be deposited in the account of the petitioner on or before 10th of each month from the date of filing of the application and some arrears be also deposited every month. Petitioner shall be entitled to claim maintenance till further orders or remarriage and the minor child shall be entitled to claim maintenance till further orders or till she is legally entitled to claim the same. Arrears of maintenance be, cleared within six months from today. The observation made in the order shall not tantamount to any findings on merits of this case."
2. Learned counsel for the petitioner submits that apart from a sum of Rs.40,000/- no amount whatsoever has been paid by the respondent in terms of the aforesaid directions. He further submits that arrears as on date are to the tune of Rs. 57 Lakh approximately.
3. Issue notice to the respondent on steps being taken by the petitioner through all permissible modes, including electronically, returnable on 14th December, 2022. Dasti in addition.
4. Let reply be filed by the respondent within a period of four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
5. In case the aforesaid directions contained in the judgment/order dated 31.03.2022 remain uncomplied with, the respondent shall remain personally present in Court on the next date of hearing.
SACHIN DATTA, J NOVEMBER 16, 2022 AK Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:19.11.2022 16:36:16