Delhi High Court
Sourabh Jindal vs Bindiya Jindal on 19 April, 2023
N.C. No. 2023:DHC:2714-DB
$~18
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 19.04.2023
+ MAT.APP.(F.C.) 94/2023
SOURABH JINDAL ..... Appellant
versus
BINDIYA JINDAL .....Respondent
Advocates who appeared in this case:
For the Appellant: Mr Vineet Aggarwal, Advocate along with
appellant in person.
For the Respondent:Mr Tushar Rohmetra, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE VIKAS MAHAJAN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL. 18663/2023
1. Allowed, subject to all just exceptions.
MAT.APP.(F.C.) 94/2023
2. Appellant impugns order dated 16.03.2023 whereby the petition
filed by the appellant seeking divorce under Section 13(i)(ia) of The
Hindu Marriage Act, 1955 was dismissed due to non compliance of
order directing payment of interim maintenance.
3. Learned counsel for the appellant submits that appellant had
Signature Not Verified
Digitally Signed
ASWAL
Signing Date:24.04.2023
12:43:28
N.C. No. 2023:DHC:2714-DB
suffered a setback in his business on account of the COVID pandemic
and as such could not clear the entire arrears as directed by the Court.
He, however, undertakes that appellant would willing to clear the
arrears within the stipulated time.
4. Issue notice. Notice is accepted by the learned counsel
appearing for the respondent. With the consent of parties, the matter
is taken up for final disposal today.
5. Learned counsel for the appellant undertakes on behalf of the
appellant, who is present in Court, that out of the total arrears of
₹9,50,000/-, a sum of ₹2,50,000/- shall be paid to the respondent
through counsel by tomorrow i.e. 20.04.2023. He further undertakes
that the appellant shall clear the arrears in seven equal instalments of
₹1,00,000/- each payable by the 7th of each English Calendar month
commencing from 07.05.2023. This, he undertakes would be over and
above the interim maintenance amount directed to be paid monthly.
The undertaking is accepted. Learned counsel for the respondent also
accepts the aforesaid undertaking.
6. In view of the above, the appeal is allowed. The impugned
order dated 16.03.2023 is set aside. The petition filed by the appellant
under Section 13(i)(ia) of The Hindu Marriage Act, 1955 is restored
on the records of the Family Court. Parties shall appear before the
Family Court on 24.05.2023, the date already fixed.
7. Subject to the appellant complying with the aforesaid directions,
no coercive action shall be taken against the appellant.
Signature Not Verified
Digitally Signed
ASWAL
Signing Date:24.04.2023
12:43:28
N.C. No. 2023:DHC:2714-DB
8. Order dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J.
VIKAS MAHAJAN, J.
APRIL 19, 2023
MK
Signature Not Verified
Digitally Signed
ASWAL
Signing Date:24.04.2023
12:43:28
