Delhi High Court
Amit Guglani vs Pushpa Guglani on 7 September, 2015
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 115/2015, CM APPL. Nos. 18517/2015 (Stay)
and 18518/2015 (Exemption)
Date of Decision : 7th September, 2015
AMIT GUGLANI ..... Appellant
Through : Mr. R. K. Tarun, Advocate.
versus
PUSHPA GUGLANI ..... Respondent
Through :
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G. S. SISTANI, J.
1. Aggrieved by the directions contained in the order dated
18.08.2015 has led to the filing of the present appeal.
2. By an order dated 26.09.2015, the Principal Judge, Family Court
had passed the following order :
"After hearing both the parties, I am of the view that the
dispute regarding genuineness of income tax documents
will take some time as police official will be investigating
the matter. However, in the meantime the JD is directed to
deposit the amount of arrears in the Court in the form of
an FDR within one month from today. The said FDR will
be released to DH after it is proved that the said income
tax returns were not filed by her or if it is proved that DH
had filed the said returns, then legal consequences of the
same will follow and FDR will be released to JD.
Order be complied within one from today. JD is further
directed to deposit current maintenance of Rs.3,000/-
every month in the Court w.e.f. October, 2014 by 10th day
of every month.
FDR be initially prepared for one year in the name of
Court from any nationalized bank."
3. Thereafter, the petitioner herein had filed a Crl. MC seeking
cancellation of Non bailable warrants which had been issued on
account of non payment of Rs.1,76,000/- as directed in the order
dated 26.11.2014. The non bailable warrants were set aside on the
statements made bythe learned counsel for the petitioner to the
following effect.
"Counsel for the petitioner stats that he is not inclined to
press the instant petition on merits at this juncture and the
petitioner is willing to deposit a sum of Rs.1,76,000/-
before the Court below within three weeks from today,
while reserving his right to take all objections that may be
available to him in this behalf before any appropriate
court, including this court, by way of a fresh petition, if he
is so advised thereafter.
4. The aforesaid amount was still not deposited which led to the filing
of a contempt petition and on 23.07.2015 following order was
passed:
"Resopndent-Husband who is personally present in Court
is directed to ensure that all outstanding arrears are
cleared in accordance with the order dated 18th
September, 2009 passed by the Mahila Court on or before
the next date of hearing.
This Court has made it clear to the respondent-husband
that a very strict view would be taken in the matter in the
even outstanding dues and monthly maintenance @
Rs.3,000/- per month are not paid to the petitioner."
5. Subsequently, the Principal Judge, Family Court directed release of
this amount to the respondent with a rider that in case income tax
return was genuine respondent would be liable to return the amount
to the Court as and when so directed. Learned counsel for the
petitioner submits that in case the petitioner succeeds to prove that
the income tax return are genuine, this amount is to be recovered it
would be virtually impossible for the petitioner to recover the
amount and he would be forced to file a civil suit against her. We
are unable to accept this submission of learned counsel for the
petitioner for the reason that the order dated 18.08.2015 is clear
that that in case the Court finds the income tax return were infact
filed by her, she would be liable to refund the amount to the Court
as and when so directed. The respondent would remain bound the
directions of the trial court.
6. We have examined the order dated 18.08.2015 read with previous
orders passed from time to time. We find no reason to interfere in
the order passed by the Principal Judge, Family Court. With these
observations, the present appeal stands disposed of along with all
pending applications.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
SEPTEMBER 07, 2015
gr
