Delhi High Court
Mohd. Kafil vs Sumbul on 20 February, 2018
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20.02.2018
+ CRL.REV.P.611/2017
MOHD. KAFIL ..... Petitioner
versus
SUMBUL ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr Manu Sishodia, Mr Mahendra Bairwa
and Mr Abhishek Bansiwal.
For the Respondent : None.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
20.02.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 13386/2017(exemption)
Allowed, subject to all just exceptions.
CRL.REV.P. 611/2017 & CM No.13385/2017(stay) &
Crl.M.A.13384/2017(delay in filing for 313 days)
1. The petitioner impugns order dated 13.07.2016, whereby the
Trial Court has fixed ad interim maintenance at the rate of Rs.4500/-
effective from the date of the application (i.e. 26.10.2015) and further
impugns order dated 06.07.2017, whereby costs of Rs.5,000/- have
been imposed on the petitioner for not complying with order dated
13.07.2016.
2. Learned counsel for the petitioner submits that the order dated
13.07.2016 itself shows that the said order was passed without service
of notice on the petitioner and without calling for a response from the
petitioner. He contends that the said order has been passed without
considering the respective income affidavits and capabilities of the
parties.
3. Learned counsel, without prejudice, submits that even though
the petitioner is not in a position to pay the said amount, however,
without prejudice to his rights and contentions, he shall make some
arrangements and subject to adjustment on an adjudication by the
Court, he shall pay the entire arrears of the amount assessed at the rate
of Rs.4,500/- per month with effect from 26.10.2015, i.e.
Rs.1,26,000/- in four instalments within a period of two months from
today.
4. Learned counsel for the respondent is agreeable to the
suggestion.
5. In view of the above, the Petition is disposed of directing the
petitioner to pay a sum of Rs.1,26,000/- to respondent in four
instalments of Rs.31,500/- each payable on 26.02.2018, 12.03.2018,
02.04.2018 and 16.04.2018.
6. The said payments will be without prejudice to the rights and
contentions of the parties and shall be subject to adjustment on an
adjudication being made by the Trial Court.
7. It has been informed that the next date before the Trial Court is
25.04.2018.
8. Since the parties have already filed their pleadings, the Trial
Court is directed to consider the same and pass a final order, as
expeditiously as possible, on the application of the respondent. In
case, for any reason, the final order cannot be passed, the Trial Court
shall endeavour to pass an order fixing ad interim maintenance on
25.04.2018.
9. The Petition is disposed of in the above terms.
10. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
February 20, 2018
'Sn'
