Mohd. Islam v. Hasmatun Nisha & Another

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P.

342/2019 & CRL.M.A.

6156/2019, CRL.M.A.

6158/2019 & CRL.M.A. 6159/2019 MOHD. ISLAM ..... Petitioner Through:

Mr Ravi Gupta, Sr. Advocate with Mr Amit Singh Tanwar, Advocate.

versus HASMATUN NISHA & ANOTHER ..... Respondents Through:

Mr Farahim Khan and Mr Nasimuddin, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 30.01.2020 1.

The petitioner has filed the present petition impugning an order dated 01.11.2019, whereby the learned Family Court had directed the petitioner to pay monthly maintenance of ₹20,000/- to respondent no.1 and ₹10,000/- for their minor child (respondent no.2).

The said maintenance was payable from the date of filing of the petition.

It was further directed that any amount paid during the pendency of the petition would be adjusted against the aforesaid amount.

2.

After some arguments, Mr Gupta, learned senior counsel appearing for the petitioner offered that the petitioner would pay a sum of ₹12,50,000/- on account of arrears and would continue to pay the maintenance amount of ₹30,000/- per month (₹20,000/- for respondent no.1 and ₹10,000/- for respondent no.2). It is also indicated that the petitioner is ready for the

settlement of all disputes.

3.

The learned senior counsel appearing for the petitioner after deliberation agreed to pay a further sum of ₹12,50,000/- for clearing all arrears prior to 01.11.2018.

4.

In view of the above, the order dated 01.11.2018 is modified to provide that the petitioner shall pay a further sum of ₹12,50,000/- to respondent no.1 in full and final settlement of the arrears prior to 01.11.2018. In addition, the petitioner shall also continue to pay a sum of ₹30,000/-, with effect from 01.11.2018. The amount of ₹12,50,000/- shall be paid in six instalments spanning over a period of 12 months. The first instalment of ₹2,50,000/- shall be paid on or before 01.03.2020. Further, five instalments of ₹2,00,000/- each shall be paid on a monthly basis. The second instalment shall be paid on 01.05.2020, third instalment shall be paid on 01.07.2020, fourth instalment shall be paid on or before 01.09.2020; fifth instalment shall be paid on 0.11.2020 and last instalment shall be paid on 01.01.2021.

5.

This order has been passed on the consensus arrived at between the concerned parties (petitioner and respondent nos.1 and 2), who are present in the Court.

6.

The petition is disposed of in the aforesaid terms. The pending applications also stand disposed of.

7.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J JANUARY 30, 2020/MK