Reena Jain vs Rishab Kumar Jain And Ors
2015 Latest Caselaw 1643 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                     EX.P. 131/2013

                                           Decided on : 25.02.2015
IN THE MATTER OF:
REENA JAIN                                   ..... Decree Holder
                      Through: Mr. Girdhar Govind, Advocate with
                      Mr. Sharat Kapoor, Mr. Noor Alam and
                      Ms. Neetu Singh, Advocates

                      versus


RISHAB KUMAR JAIN AND ORS             ..... Judgement Debtors
                    Through: Mr. Anirudh K. Mudgal, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)


1.

The Decree Holder has filed the present execution petition

against the Judgment Debtors No.1 and 2, her parents in-laws, and

the Judgment Debtor No.3, her husband, seeking execution of the

consent decree dated 27.7.2007 passed in CS(OS)No.573/2007),

whereunder the Judgment Debtor No.3 (who was defendant No. 2 in

the CS(OS) 573/2007), had agreed to take on rent, a residential

premises for the Decree Holder and their minor child and had agreed

to pay the lease amount and the water and electricity charges on

actual consumption basis. Judgment Debtor No.3 had also agreed that

he would continue paying the rent and other charges regularly. The

said order was made subject to the final outcome of the divorce

petition filed by the Judgment Debtor No.3 against the Decree Holder

and pending in the Family Court at Tis Hazari Courts. It is stated that

the aforesaid order was modified subsequently on 26.5.2011,

9.9.2011 and on 14.9.2011.

2. Counsels for the parties state that the proceedings filed under

Section 24 of the Hindu Marriage Act, 1955 are still pending before the

Family Court and an order dated 5.7.2013 was passed by the learned

ADJ in HMA No.314/2012. Aggrieved by the said order, the Decree

Holder has filed a petition under Article 227 of the Constitution of

India, which is pending consideration in the High Court.

3. Counsel for the Judgment Debtors states that the present

execution petitions may be disposed of in view of the consent decree

wherein the parties had agreed that they would approach the court

seized of the petition filed by Judgment Debtor No.3 under Section 24

of the Hindu Marriage Act, 1955, for modification of the arrangement

recorded in the said order, which order has been duly modified vide

order dated 5.7.2013 passed in HMA No.314/2012.

4. At this stage, Mr. Girdhar Govind, learned counsel for the Decree

Holder states that his client shall pursue her remedies in the

proceedings pending before the Family Court, but in the meantime,

the Judgment Debtor No.3 may be directed to furnish a statement of

account in respect of the amounts that he has paid to the Decree

Holder in terms of the judgment and decree and the subsequent

orders, and if the amount is found to be short, then the Decree Holder

shall approach the Family Court for appropriate orders.

5. Counsel for the Judgment Debtors states that his clients do not

have any objection to the same and he shall furnish the aforesaid

details to the other side within two weeks.

6. Accordingly, the present execution petitions are disposed of,

along with the pending application, with liberty granted to the Decree

Holder to pursue her remedies before the Family Court in the pending

proceedings under the Hindu Marriage Act, that is stated to be listed

on 16th April, 2015.

(HIMA KOHLI) JUDGE FEBRUARY 25, 2015 rkb/rs