Delhi High Court
Dhirender Chhaunkar vs The State (Nct Of Delhi) & Anr on 27 May, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 03.09.2021
Date of decision: 27.05.2022
+ CRL.M.C. 167/2020 and CRL.M.A.No.706/2020
DHIRENDER CHHAUNKAR ..... Petitioner
Through: Mr. Kartikeya Rastogi, Advocate.
Versus
THE STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Mr.Mukesh Kumar, APP for the State
Mr.Sugam Puri, Advocate for R-2.
AND
+ CRL.M.C. 810/2020 and CRL.M.A. Nos.3323/2020,
3324/2020, 3325/2020, 3326/2020 and CRL.M.A.16497/2020
DHIRENDER CHHAUNKAR ..... Petitioner
Through: Mr. Kartikeya Rastogi, Advocate.
Versus
THE STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Mr.Mukesh Kumar, APP for the State.
Mr.Sugam Puri, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT
ANU MALHOTRA, J
CRL.M.A.16497/2020, CRL.M.A. Nos.3323/2020, 3324/2020,
3325/2020, 3326/2020 in CRL.M.C. 810/2020
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
CRL.M.A.No.706/2020 in CRL.M.C. 167/2020
1. The petitioner, vide CRL.M.C. 810/2020 has sought the setting
aside of the order dated 24.01.2020 of the Court of the learned
Sessions Judge, Tis Hazari, West, Delhi in C.A. No. 328/19 whereby
the appeal of the petitioner against the order of the learned MM dated
30.05.2017 was dismissed and sought remitting the matter for fresh
disposal to the learned Sessions Court for re-consideration of the
maintenance amount with further prayers to the effect that a monthly
maintenance of Rs.3,125/- i.e., l/4th of Rs.12,510/- i.e., the average
monthly income of the petitioner calculated for the period of
01.01.2009 to 01.11.2019 be granted and that the proceedings in Ex.
No. 111 of 2017, 112 of 2017, 318 of 2017, 297 of 2019 and Ct. No.
9045 of 2019 before the Court of the learned MM be stayed.
2. Along with the petition were also CRL.M.A. Nos.3323/2020,
3324/2020, 3325/2020, 3326/2020, vide which the prayers made were
to the effect:-
"CRL.M.A. No.3323/2020
A. Stay all the Execution proceeding pending before the
Ld. MM. Ms. Neetu Nagar, Tis Hazari, West until the
hearing and final disposal of the present Petition.
CRL.M.A. No.3324/2020
A. Stay all the Execution proceeding pending before the
Ld. MM. Ms. Neetu Nagar, Tis Hazari, "West until the
hearing and final disposal of the present Petition.
CRL.M.A. No.3325/2020
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Date:30.05.2022
14:56:55
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MALHOTRA.
A. Stay all the Execution proceeding pending before the
Ld. MM. Ms. Neetu Nagar, Tis Hazari, West until the
hearing and final disposal of the present Petition.
CRL.M.A. No.3326/2020
A. Stay all the Execution proceeding pending before the
Ld. MM. Ms. Neetu Nagar, Tis Hazari, West until the
hearing and final disposal of the present Petition."
3. The petition i.e. CRL.M.C. 810/2020 and accompanying
applications are dated 10.02.2020.
4. On 13.02.2020 qua CRL.M.C. 810/2020 in which CRL.M.A.
Nos.3323/2020, 3324/2020, 3325/2020, 3326/2020, it was directed as
under:-
".....
.....
Subject to the deposit of a sum of Rs.50,000/- with the
learned Trial Court in relation to the proceedings in
Ex.No. 111/2017 in the Court of the Metropolitan
Magistrate-01, West, Tis Hazari Courts, before the date
17.3.2020, the directions imposed vide the order dated
24.1.2020 by the learned Trial court in the said
execution proceedings directing a payment of
Rs.2,00,000/- on 17.3.2020 is stayed. The receipt of the
deposit of the sum of Rs.50,000/- be placed on the
record by the petitioner."
5. On 23.09.2020, the matter was taken up in view of
CRL.M.A.13144/2020 filed on behalf of the respondent no.2 i.e.
Neeru Sharma, the wife of the petitioner seeking a vacation of the stay
of the execution proceedings bearing Ex. No.111/17 before the learned
MM-01, West, THC, Delhi submitting to the effect that there had been
a gross violation of the directions dated 13.2.2020 in as much as the
Signature
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By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
This file is
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MALHOTRA.
petitioner had not deposited Rs.50,000/- as directed vide order dated
13.2.2020. There were further submissions made on behalf of the
respondent No.2/applicant that the petitioner had misused the process
of law in as much as the petitioner had also filed another Crl.M.C. No.
167/2020 submitting inter alia to the effect that the petition bearing
No.167/2020 had virtually with verbatim similar prayers been filed by
the petitioner and that there was no interim restraint granted in
Crl.M.C. No. 167/2020 and that the proceedings in the said matter
were then listed on 16.3.2020 and are now listed before the Roster
Bench. Notice of the application is issued to the petitioner/non-
applicant.
6. The petitioner of CRL.M.C. 810/2020 was represented by
learned counsel for the petitioner on the date 23.09.2020. Vide order
dated 23.09.2020, it was observed that before proceeding further, it
was considered essential that the directions vide order dated
13.02.2020 for the deposit of Rs.50,000/- with the learned
Metropolitan Magistrate-01, West, Tis Hazari Courts be complied
with by the petitioner by the date 24.9.2020 with the copy of the
receipt of deposit of the said sum being placed on record by the
petitioner on or before the next date of hearing.
7. The response of the petitioner/ non-applicant to
CRL.M.A.13144/2020 filed on behalf of the respondent no.2 was
directed to be filed vide order dated 23.09.2022 before the date
30.09.2020 with the copy thereof being directed to be supplied to the
counsel for the respondent no.2 and the matter was re-notified for
hearing on CRL.M.A.13144/2020 for the date 30.09.2020.
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
This file is
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PS to HMJ ANU
MALHOTRA.
8. The reply to CRL.M.A.13144/2020 filed by the respondent no.2
was submitted by the petitioner/ non-applicant with the copy of the
Bankers' Cheque bearing No.038799 dated 18.09.2020 in favour of
the respondent no.2 for a sum of Rs.50,000/- qua which it was
submitted that the said sum had since been paid to the respondent no.2
which was not refuted on behalf of the respondent no.2 by her learned
counsel present.
9. Vide order dated 30.09.2020 qua CRL.M.A.13144/2020, it was
observed as under:-
"........
........
It was submitted on behalf of the respondent no.2
that the petitioner had misused the process of law, in as
much as, the petitioner had filed another petition i.e.
CRL.M.C.167/2020 with it having been submitted inter
alia on behalf of the respondent no.2 that the petition
bearing CRL.M.C. No.167/2020 was virtually having
similar prayers made by the petitioner and there was no
interim restraint that had been granted in
CRL.M.C.167/2020 and that the proceedings in that
petition were listed for the date 16.03.2020 and were
thereafter re-notified before the Roster Bench, in as much
as, the order dated 13.02.2020 directing the petitioner to
deposit a sum of Rs.50,000/- in the Court of the learned
Metropolitan Magistrate-01 had not complied with, the
petitioner was directed to comply with directions dated
13.02.2020 in the present petition with directions to place
on record the copy of the receipt of the said sum of
Rs.50,000/- that has been submitted by the petitioner that
the said sum has been paid which is also not refuted on
behalf of the respondent no.2, placed on record along
with the reply to CRL.M.A.13144/2020 which reply has
Signature
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By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
This file is
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PS to HMJ ANU
MALHOTRA.
been filed by the petitioner herein, is the copy of the
Bankers Cheque bearing No.038799 dated 18.09.2020 in
favour of the respondent no.2 for a sum of Rs.50,000/-
qua which it has been submitted that the said sum has
been paid to the respondent no.2 which is not refuted on
behalf of the respondent no.2 by the learned counsel
present.
The present petition has been filed by the petitioner
assailing the impugned order dated 24.01.2020 of the
learned ASJ-03 in CA No.328/2019 vide which an appeal
filed by the petitioner herein against the order dated
30.05.2017 of the learned MM, West, THC, New Delhi
vide which the petition under Section 12 of the Protection
of Women from Domestic Violence was disposed of and
interim maintenance of an amount of Rs.15,000/- per
month was directed to be paid to the respondent no.2 to
the present petition,- was confirmed, which appeal was
dismissed vide order dated 24.01.2020 placed at
Annexure P1 to the present petition which is the order
impugned in the present petition. Vide the said order
dated 24.01.2020, it was observed vide paragraph 5
thereof to the effect:-
"5. The present appeal has been preferred
after undue delay of more than two years. No
reasonable explanation has been offered by
the appellant for the undue delay. The appeal
is barred by limitation, whereas, it has no
substance on merits. The present appeal is a
misuse of process of law and the same is
dismissed.",
observing to the effect that that appeal i.e. CA
No.328/2019 was barred by limitation and also had no
substance on merits and was a misuse of the process of
law and was dismissed.
The other prayers made vide the present petition
are to the effect:-
".....
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Date:30.05.2022
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(B) Remitting the matter for fresh disposal to the Ld.
Sessions Court for re-considering the maintenance
amount.
(C) Granting the Respondent a monthly maintenance of
Rs.3,125/- i.e., (1/4th of 12,510/- i.e., the average
monthly income of the Petitioner) calculated for the
period of 01.01.2009 to 01.11.2019.
(D) Stay the Execution proceedings in Ex. No.112 of
2017, 112 of 2017, 318 of 2017, 297 of 2019 and Ct.
No.9045 of 2019 before the Court of Ld. MM Ms.Neetu
Nagar (NDOH 17.03.2020)
(E) Pass any other order or direction which this
Hon‟ble Court may deem fit and proper in the best
interest of justice."
The order dated 30.05.2017 of the learned MM,
Mahila Court, THC, Delhi in CC No.93/1/12 qua petition
under Section 12 of the Protection of Women from
Domestic Violence Act placed at Annexure P4 to the
present petition was the order which had been assailed in
CA No.328/2019 dismissed vide order dated 24.01.2020
which is the order assailed in the present petition i.e.
CRL.M.C.810/2020. Vide this order i.e. order dated
30.05.2017 as already observed hereinabove as
mentioned in the order dated 24.01.2020 of the
learned ASJ-03, which is the order assailed in the
present petition, it was observed to the effect that an
interim order dated 04.08.2015 passed by the Sessions
Court whereby the interim maintenance at the rate of
Rs.15,000/- awarded to the petitioner with 10%
increase every year,- was confirmed apart from
declining relief of residence to the petitioner of the
petition under Section 12 of the Protection of Women
from Domestic Violence Act.
The order dated 04.08.2015 of the learned ASJ-
05, West in CA No.14/15 was in relation to an appeal
against order dated 03.01.2015 of the learned MM
whereby interim monthly maintenance of Rs.9,000/-
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By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
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MALHOTRA.
per month was granted to the respondent no.2 herein
from the date of filing of the petition till further
orders to be paid apparently by the present petitioner.
The said CA No.14/15 was allowed partly with the
order dated 03.01.2015 of the learned MM granting
interim monthly maintenance of Rs.9,000/- per month
being modified and being enhanced to Rs.15,000/- per
month from the date of filing of the petition, which
amount of interim maintenance of Rs.15,000/- as
enhanced vide order dated 04.08.2015 in CA No.14/15,
was confirmed vide order dated 30.05.2017 in CC
No.93/1/12 in the petition under Section 12 of the
Protection of Women from the Domestic Violence
filed by the respondent no.2 with 10% increase every
year.
The order dated 04.08.2015 of the learned ASJ-
05, West in CA No.14/15 enhancing the interim
maintenance of Rs.15,000/- as awarded to the
respondent no.2 was assailed by the present petitioner
in CRL.M.C.167/2020 in which the prayers made by
the petitioner herein were to the effect:-
"(A) Setting aside Judgment dated 04.08.2015 passed
by the Ld. Session Judge, Tis Hazari, West, Delhi
whereby the maintenance of the Respondent was
enhanced from Rs.9,000/- to Rs.15,000/-.
(B) Granting the Respondent a monthly maintenance
of Rs.3,125/- i.e., (1/4th of 12,510/- i.e., the average
monthly income of the Petitioner) calculated for the
period of 01.01.2009 to 01.11.2019.
(C) Remitting the matter for fresh disposal to the Ld.
Sessions Court for re-considering the maintenance
amount.
(D) Stay the Execution proceedings in Ex. No.111 of
2017, 112 of 2017, 318 of 2017, 297 of 2019 and Ct.
No.9045 of 2019 before the Court of Ld. MM
Ms.Neetu Nagar (NDOH 16.01.2020)
Signature
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Signing
Date:30.05.2022
14:56:55
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MALHOTRA.
(E) Any other order or direction which this Hon‟ble
Court may deem fit and proper also be passed in
favour of the Petitioner."
Apparently thus, the order dated 04.08.2015 in CA
No.14/15 got merged in the proceedings dated
30.05.2017 in CC No.93/1/12 which order dated
30.05.2017 is what was assailed in CA No.328/2019 by
the present petitioner which CA No.328/2019 was
dismissed vide order dated 24.01.2020 of the learned
ASJ-03, West against which the present petition was filed
and it is essential to observe as rightly contended on
behalf of the respondent no.2 that the prayer made
seeking the stay of the execution proceedings in the
Executing Court was not granted in CRL.M.C.167/2020,
in as much as, notice of CRL.M.A.706/2020 had been
issued vide order dated 15.01.2020, returnable for
16.03.2020 qua which learned counsel for the petitioner
submits that the said prayer has not been declined and is
presently pending consideration and that it could not only
be taken up on the date fixed i.e. 15.01.2020 in
CRL.M.C.167/2020 due to lack of time.
Be that as it may, the proceedings in
CRL.M.C.167/2020 are indicated to have been re-notified
vide order dated 16.03.2020 to the date 11.05.2020 and
the proceedings of the date 11.05.2020 have been re-
notified for the date 27.11.2020 and are now pending
before the Court of Hon'ble Mr.Justice Suresh Kumar
Kait.
In as much as, the aspect of pendency of
CRL.M.A.706/2020 in CRL.M.C.167/2020 had not been
borne out from the record at the time of consideration of
the proceedings on 13.02.2020 in CRL.M.C.810/2020,
the stay granted of directions imposed vide order dated
24.01.2020 by the learned Trial Court in Execution
No.111/2017 is set aside.
The date 19.10.2020 stands cancelled and
CRL.M.A. 13144/2020 is disposed of accordingly."
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
10. Vide the said order dated 30.09.2020, it was however
considered essential that the proceedings of CRL.M.C. 810/2020 i.e.
the petition in which CRL.M.A.13144/2020 had been filed by the
respondent no.2 and the proceedings of CRL.M.C. 167/2020 were
taken up by a Single Court and thus, subject to the orders of the
Hon'ble the Chief Justice, the proceedings of CRL.M.C.810/2020 and
CRL.M.C.167/2020 were requested to be placed before a Single
Bench for the date 27.11.2020.
11. CRL.M.C. 167/2020 which had been filed by the very same
petitioner dated 14.01.2020 and which had been first taken up on
15.01.2020 was also taken up on 27.11.2020.
12. On 27.11.2020, the application under consideration now i.e.
CRL.M.A.16497/2020 was taken up and notice thereof was issued to
the respondent no.2 and the response of the respondent no.2 to the
same was called for.
13. Submissions qua CRL.M.A.16497/2020 were made on behalf of
either side.
14. Vide order dated 23.02.2021, it was observed as under:-
"Qua application Crl.M. A. No. 16497/2020, reply
thereto is on record. Learned counsel for the petitioner
has also submitted an affidavit of income.
Submissions have been made on behalf of both sides.
The State is arrayed as proforma party in the present
petitions, represented by the Addl. Public Prosecutor.
The matters are reserved for orders."
Signature
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Digitally Signed
By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
This file is
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PS to HMJ ANU
MALHOTRA.
15. Vide proceedings dated 04.08.2021, the matter was re-notified
for arguments on 20.08.2021 at 3.30 PM and was then reserved for
orders qua the aspect as per proceedings dated 23.02.2021 i.e. qua
CRL.M.A.16497/2020 in CRL.M.C. 810/2020 and the prayers made
by the applicant/petitioner therein were to the effect:-
"A. Stay all the Execution proceeding being Ex. 111 of
2017, 112 of 2017, 318 of 2017, 297 of 2019 and Ct. Case
No 9045 of 2019 pending before the Ld. MM. Ms. Neetu
Nagar, Tis Hazari, West until the hearing and final
disposal of the present Petition.
B. Direct the parties to furnish fresh income affidavits in
consonance with Judgment dated 04.11.2020 passed by
the Hon'ble Supreme Court in the case of Rajnesh v.
Neha.
C. Direct the Respondent No. 2 To furnish adequate
security for the maintenance amount already released
and the maintenance amount to be released in the
future."
16. As regards prayer Clause (A) of the aforesaid application i.e.
CRL.M.A.16497/2020, it is essential to observe that CRL.M.A.
Nos.3323/2020, 3324/2020, 3325/2020, 3326/2020 all make the same
prayers seeking a stay of the execution proceedings pending before the
learned MM, Tis Hazari, West until hearing and final disposal of
CRL.M.C. 810/2020. The said applications are still pending
consideration and have not been taken up for hearing for the reasons
that CRL.M.A.13144/2020 had been filed during the interregnum after
order dated 13.02.2020 when the matter had been directed to be fixed
for 30.04.2020 when it could not be taken up due to the then
prevailing pandemic and thereafter, the proceedings in
Signature
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By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
This file is
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PS to HMJ ANU
MALHOTRA.
CRL.M.A.13144/2020 filed on behalf of the respondent no.2 seeking a
vacation of the ad-interim order dated 13.02.2020 had commenced
which resulted vide order dated 30.09.2020 in the setting aside of the
stay granted of directions imposed vide order dated 24.01.2020 of the
learned Trial Court in Ex. No.111/17.
17. As regards the prayer made in CRL.M.A.16497/2020 qua
the merits of the aspect of stay of the execution proceedings on the
premise of the final order dated 24.01.2020 of the learned ASJ,
THC, West, Delhi whereby, CRL.A.328/2019 filed by the
petitioner was dismissed, qua the merits of the prayer made by the
petitioner challenging the award of maintenance @ Rs.15,000/-
per month with further directions of 10% per annum increase as
imposed vide order dated 30.05.2017 of the learned MM, Mahila
Court (West), Delhi in CC No.93/1/12, the matter is yet to be
heard and the responses of the respondent no.2 to the applications
i.e. CRL.M.A. Nos.3323/2020, 3324/2020, 3325/2020, 3326/2020 are
yet to be filed. The prayer made in prayer Clause (A) vide
CRL.M.A.16497/2020 filed by the petitioner in CRL.M.C.
810/2020 thus, cannot be considered presently.
18. Furthermore, it is essential to observe that the applicant/
petitioner has submitted to the effect vide paragraphs 3 & 4 of
CRL.M.A.16497/2020 as under:-
"3. This Hon'ble Court vide its Order dated 13.02.2020
stayed the Order dated 24.01.2020 passed by the
Executing Court directing the Petitioner to pay an amount
of Rs. 2,00,000/- subject to a deposit of Rs 50,000/- (fifty
thousand only). However, vide Order dated 30.09.2020
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Signing
Date:30.05.2022
14:56:55
This file is
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MALHOTRA.
this Hon'ble Court vacated the said stay on execution
proceedings No. 111 of 2017 for the following reasons:
"In as much as, the aspect of pendency of
CRL.M.A.706/2020 in CRL.M.C.167/2020 had
not been borne out from the record at the time
of consideration of the proceedings on
13.02.2020 in CRL.M.C.810/2020, the stay
granted of directions imposed vide order dated
24.01.2020 by the learned Trial Court in
Execution No.111/2017 is set aside. The date
19.10.2020 stands cancelled and CRL.M.A.
13144/2020 is disposed of accordingly."
It is respectfully submitted that this Hon'ble Court while
recording the aforesaid observations has omitted to peruse
the Application for stay being M.A. No. 13144 of 2020
filed with the present Petition wherein the Petitioner/
Applicant had specifically mentioned the pendency of
Crl.M.C. 167/2020: Be that as it may, the Petitioner has
paid the amount of Rs. 2,00,000/- as per the Order dated
24.01.2020 passed by the Executing Court. Copy of Order
dated 13.02.2020 has been annexed herewith as 'Annexure
P-2'.
4. That the Respondent No. 2 has acted irresponsibly by
misinforming this Hon'ble Court that the Petitioner asked
for verbatim relief in Crl.M.C. 167 of 2020 and thereby
again misinformed the-Court that stay was not granted to
the Petitioner on 15.01.2020 for the want of the merit in
Crl.M.C. No. 167 of 2020 whereas in the actual scenario
the matter was not heard by this Hon'ble Court on
15.01.2020 due to paucity of time."
It is essential to observe that the said submissions have been
considered vide order dated 30.09.2020, wherein, it was observed to
the effect:-
Signature
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Digitally Signed
By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
".....
......
The order dated 04.08.2015 of the learned ASJ-05,
West in CA No.14/15 was in relation to an appeal
against order dated 03.01.2015 of the learned MM
whereby interim monthly maintenance of Rs.9,000/-
per month was granted to the respondent no.2 herein
from the date of filing of the petition till further
orders to be paid apparently by the present
petitioner. The said CA No.14/15 was allowed partly
with the order dated 03.01.2015 of the learned MM
granting interim monthly maintenance of Rs.9,000/-
per month being modified and being enhanced to
Rs.15,000/- per month from the date of filing of the
petition, which amount of interim maintenance of
Rs.15,000/- as enhanced vide order dated 04.08.2015
in CA No.14/15, was confirmed vide order dated
30.05.2017 in CC No.93/1/12 in the petition under
Section 12 of the Protection of Women from the
Domestic Violence filed by the respondent no.2 with
10% increase every year.
The order dated 04.08.2015 of the learned ASJ-05,
West in CA No.14/15 enhancing the interim
maintenance of Rs.15,000/- as awarded to the
respondent no.2 was assailed by the present
petitioner in CRL.M.C.167/2020 in which the
prayers made by the petitioner herein were to the
effect:-
"(A) Setting aside Judgment dated 04.08.2015 passed
by the Ld. Session Judge, Tis Hazari, West, Delhi
whereby the maintenance of the Respondent was
enhanced from Rs.9,000/- to Rs.15,000/-.
(B) Granting the Respondent a monthly
maintenance of Rs.3,125/- i.e., (1/4th of 12,510/- i.e.,
the average monthly income of the Petitioner)
calculated for the period of 01.01.2009 to 01.11.2019.
Signature
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By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
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(C) Remitting the matter for fresh disposal to the Ld.
Sessions Court for re-considering the maintenance
amount.
(D) Stay the Execution proceedings in Ex. No.111 of
2017, 112 of 2017, 318 of 2017, 297 of 2019 and Ct.
No.9045 of 2019 before the Court of Ld. MM
Ms.Neetu Nagar (NDOH 16.01.2020)
(E) Any other order or direction which this Hon‟ble
Court may deem fit and proper also be passed in
favour of the Petitioner."
Apparently thus, the order dated 04.08.2015 in
CA No.14/15 got merged in the proceedings dated
30.05.2017 in CC No.93/1/12 which order dated
30.05.2017 is what was assailed in CA No.328/2019 by
the present petitioner which CA No.328/2019 was
dismissed vide order dated 24.01.2020 of the learned
ASJ-03, West against which the present petition was
filed and it is essential to observe as rightly contended
on behalf of the respondent no.2 that the prayer made
seeking the stay of the execution proceedings in the
Executing Court was not granted in CRL.M.C.167/2020,
in as much as, notice of CRL.M.A.706/2020 had been
issued vide order dated 15.01.2020, returnable for
16.03.2020 qua which learned counsel for the petitioner
submits that the said prayer has not been declined and
is presently pending consideration and that it could not
only be taken up on the date fixed i.e. 15.01.2020 in
CRL.M.C.167/2020 due to lack of time.
Be that as it may, the proceedings in
CRL.M.C.167/2020 are indicated to have been re-
notified vide order dated 16.03.2020 to the date
11.05.2020 and the proceedings of the date 11.05.2020
have been re-notified for the date 27.11.2020 and are
now pending before the Court of Hon'ble Mr.Justice
Suresh Kumar Kait.
In as much as, the aspect of pendency of
CRL.M.A.706/2020 in CRL.M.C.167/2020 had not
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Date:30.05.2022
14:56:55
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MALHOTRA.
been borne out from the record at the time of
consideration of the proceedings on 13.02.2020 in
CRL.M.C.810/2020, the stay granted of directions
imposed vide order dated 24.01.2020 by the learned
Trial Court in Execution No.111/2017 is set aside.
The date 19.10.2020 stands cancelled and CRL.M.A.
13144/2020 is disposed of accordingly."
19. Furthermore, in view of the submission that has been made in
the application under consideration i.e. CRL.M.A.16497/2020 to the
effect that this Court had omitted to peruse the application for stay
bearing CRL.M.A.13144/2020 filed along with the petition i.e.
CRL.M.C. 810/2020, wherein, the petitioner had specifically
mentioned the pendency of CRL.M.C. 167/2020, it is essential to
observe that CRL.M.A.13144/2020 had been filed by the respondent
no.2. Even if the mention of CRL.M.A.13144/2020 in paragraph 3 of
CRL.M.A.16497/2020 is read as being the pendency of CRL.M.A.
Nos.3323/2020, 3324/2020, 3325/2020, 3326/2020, a bare perusal of
each of these applications indicates that averments in paragraph 10 of
each of them only read as under:-
"CRL.M.A. No.3323/2020
10. That the Petitioner has also challenged the Judgment
dated 04.08.2015 passed by the Ld. Sessions Judge, Tis
Hazari, West, Delhi whereby the Ld. Sessions Judge
granted interim maintenance of Rs 15,000/- per month to
the Respondent. The said Petition is lying pending before
this Hon'ble Court. (NDOH 16.03.2020).
CRL.M.A. No.3324/2020
10. That the Petitioner has also challenged the Judgment
dated 04.08.2015 passed by the Ld. Sessions Judge, Tis
Hazari, West, Delhi whereby the Ld. Sessions Judge
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granted interim maintenance of Rs 15,000/- per month to
the Respondent. The said Petition is lying pending before
this Hon'ble Court. (NDOH 16.03.2020).
CRL.M.A. No.3325/2020
10. That the Petitioner has also challenged the Judgment
dated 04.08.2015 passed by the Ld. Sessions Judge, Tis
Hazari, West, Delhi whereby the Ld. Sessions Judge
granted interim maintenance of Rs 15,000/- per month to
the Respondent. The said Petition is lying pending before
this Hon'ble Court. (NDOH 16.03.2020).
CRL.M.A. No.3326/2020
10. That the Petitioner has also challenged the Judgment
dated 04.08.2015 passed by the Ld. Sessions Judge, Tis
Hazari, West, Delhi whereby the Ld. Sessions Judge
granted interim maintenance of Rs 15,000/- per month to
the Respondent. The said Petition is lying pending before
this Hon'ble Court. (NDOH 16.03.2020)."
Thus, the mention of CRL.M.C. 167/2020 is conspicuously
silent in paragraph 10 of each of these applications i.e. CRL.M.A.
Nos.3323/2020, 3324/2020, 3325/2020, 3326/2020, and apart from the
same, as regards the aspect of pendency of CRL.M.A.No.706/2020
filed in CRL.M.C. 167/2020 vide which application i.e.
CRL.M.A.No.706/2020, the prayer made by the very same
applicant/petitioner herein was to the effect:-
"A. Stay the Execution proceeding pending before the
Ld. MM. Ms. Neetu Nagar, Tis Hazari, West until the
hearing and final disposal of the present Petition.
B. Stay the Execution proceeding pending before the Ld.
MM. Ms. Neetu Nagar, Tis Hazari, West until the
hearing and final disposal of the Appeal No. 71/02/19
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14:56:55
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pending before the Ld. Sessions Judge under section 29
of the Domestic Violence Act.",
and it cannot be overlooked that the mention of pendency of
CRL.M.A.No.706/2020 in CRL.M.C. 167/2020 is conspicuously
inexistent in CRL.M.A. Nos.3323/2020, 3324/2020, 3325/2020,
3326/2020 and so is the aspect that vide order dated 15.01.2020 in
CRL.M.C. 167/2020 qua CRL.M.A.No.706/2020, it was only a notice
that had been directed to be issued to the respondent no.2 thereof.
20. Though, the reply of the respondent no.2 to CRL.M.C.
167/2020 dated 07.12.2020 has been submitted, the reply to
CRL.M.A.No.706/2020 has not been filed by the respondent no.2.
21. In the interest of justice, however, since it is the avowed
contention of the petitioner as averred in paragraph 20 of
CRL.M.A.16497/2020 to the effect:-
"20. That the monthly rental income provided to the
Petitioner at present is Rs 15,000/- (fifteen thousand
only) and the maintenance he is liable to pay the
Respondent from May 2019 onwards is approximately
Rs 20,000 per month. Therefore, in view of the present
scenario it is practically impossible to pay an amount
exceeding the income of the Petitioner.",
it is directed that the respondent no.2 files the responses to
CRL.M.A. Nos.3323/2020, 3324/2020, 3325/2020, 3326/2020 in
CRL.M.C. 810/2020 as also to CRL.M.A.No.706/2020 in
CRL.M.C. 167/2020 within a period of two weeks and the
rejoinder thereto, if any, of the petitioner to the responses of the
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respondent no.2 be filed by the petitioner within a period of one
week thereafter.
22. Furthermore, as regards prayer Clause (B) made vide
CRL.M.A.16497/2020, both the petitioner and the respondent no.2 in
terms of the verdict of the Hon'ble Supreme Court in "Rajnesh Vs.
Neha and Another" 2020 SCC OnLine SC 903, are directed to submit
their income affidavits on the record within a period of two weeks
with the copies thereof being supplied inter se before the next date of
hearing.
23. Qua prayer Clause (C) made vide CRL.M.A.16497/2020, the
said aspect shall be considered on giving an oral hearing to both
parties.
24. The matter is thus, directed to be listed for consideration of
CRL.M.A.No.706/2020 in CRL.M.C. 167/2020 and CRL.M.A.
Nos.3323/2020, 3324/2020, 3325/2020, 3326/2020 in CRL.M.C.
810/2020 on the date 12.07.2022 at 3:30 PM for which date the
directions hereinabove qua completion of pleadings qua CRL.M.A.
Nos.3323/2020, 3324/2020, 3325/2020, 3326/2020 in CRL.M.C.
810/2020 as also to CRL.M.A.No.706/2020 in CRL.M.C. 167/2020
and submission of the fresh income affidavits of either side are
directed to be complied with, without default.
ANU MALHOTRA, J.
MAY 27, 2022
NC
Signature
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Digitally Signed
By:SUMIT GHAI
Signing
Date:30.05.2022
14:56:55
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
