Master Prateek Biswas Through His Mother & ANR. v. Tarok Biswas & ANR.

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 637/2024 & CM APPL. 22991/2024 MASTER PRATEEK BISWAS THROUGH HIS MOTHER & ANR.

.....Petitioners Through:

Ms. Renu & Ms. Shivani Verma, Advs.

versus TAROK BISWAS & ANR.

.....Respondents Through:

Ms. Diksha Kakkar, Adv. for R1.

Ms. Mehak Nakra, ASC, Ms.

Bhavya Nakra & Mr. Mayank, Advs. for R2.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 27.09.2024 1.

Having heard the learned counsel for the petitioner and on perusal of the record, the present contempt petition has been filed by the petitioner seeking initiation of the contempt proceedings against the respondent no.1/husband for the alleged willful disobedience of the order dated 16.02.2024 passed in CT Case No.538/2017 by the Metropolitan Magistrate (MM), Mahila Court-01, South District, Saket Court, New Delhi 2.

The notice of the present petition is yet to be served upon the respondents.

3.

In short, a petition has been filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 and the learned MM has passed a detailed order, thereby directing the respondents to pay the monthly maintenance of ₹6,000/- per month (inclusive of expenses The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/10/2024 at 12:22:53

on school fees of the child) from the date of filing of the petition till the minor child, who is in the custody of the petitioner, attaining the age of the majority.

4.

Further, the respondent no.1 has been directed to make a payment of ₹4,000/- per month qua the rental expenses to the petitioner, till further orders. Evidently, the aforesaid order has not been complied with by the respondent no.1/husband. 5.

Since an execution application has already been filed before the learned MM, which is coming up for hearing on 08.10.2024, the present petition is disposed of with a direction that the learned MM shall ensure that appropriate coercive measures are initiated against the respondent no.1/husband for recovery of the arrears of maintenance and also ensure the payment of the monthly maintenance to the petitioner, in accordance with the abovesaid order, in a timely manner.

6.

The learned MM shall ensure that appropriate coercive process is issued so as to ensure appearance of the respondent no.1/husband before the Court and for implementing the directions already passed in this regard.

DHARMESH SHARMA, J.

SEPTEMBER 27, 2024 Ch The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/10/2024 at 12:22:53