Sh Deepak Mishra v. Smt Unnati Mishra

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

2898/2025, CRL.M.A.

12943/2025 & CRL.M.A.

12945/2025 SH DEEPAK MISHRA .....Petitioner Through:

Mr. Gautam Singhal, Mr. Rajat Chaudhary, Mr. Manish Diwan, Mr.

Karan Nagpal, Ms. Aastha Vishnoi, Ms. Bhilashi Chopra, Advs.

versus SMT UNNATI MISHRA .....Respondent Through:

Mr. Umesh Gupta, Adv. along with respondent in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 30.05.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 528 of the BNSS seeks the following prayers: - "(i) Set aside the order dated 02.04.2025 passed by the Ld. Court of Sh. Pulastya Pramachala, ASJ-03, North-East District, Karkardooma Courts, Delhi to the extent of condition that "subject to condition that the petitioner herein shall furnish material/proof to shoe payment/deposit of at least half of the arrears of interim maintenance as per order dated 02.08.2024".

(ii) Set aside the order dated 16.04.2025 passed by the Ld. Court of Sh. Pulastya Pramachala, ASJ-03, North-East District, Karkardooma Courts, Delhi rejecting the application seeking exemption for the payment of half of the arrears as directed vide order dated 2.04.2025. (iii) Stay the operation of orders dated 2.04.2025 and 16.04.2025 passed by the Hon'ble Court of Sh. Pulastya Pramachala, ASJ- 03, North-East District, Karkardooma Courts, Delhi till the pendency of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

present petition.

(iv) Stay the operation of order dated 2.08.2024 passed by the Hon'ble Court of Ms. Renu Chaudhary, JMFC (Mahila Court) - 01, North - East, Karkardooma Court, Delhi till the pendency of appeal before the Ld. Appellate I Session Court.

(v) Stay the proceedings in execution bearing no. 118/2024 pending before the Hon'ble Court of Ms. Renu Chaudhary, JMFC (Mahila Court) - 01, North - East, Karkardooma Court, Delhi till the final decision of the appeal pending before the Ld. Appellate/Session Court.

(iii) Pass any other or further order( s) as this Hon 'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the Petitioner."

3.

Vide order dated 29.04.2025, this Court had passed the following directions: - "4. Learned counsel appearing on behalf of the petitioner at the very outset submits that 50% of the arrears of interim compensation is Rs. 1,50,000/- as directed by the learned Appellate Court be permitted to be paid in three instalments over a period of time.

5. In view thereof, the petitioner shall deposit Rs. 50,000/- within ten days and remaining two installments of Rs. 50,000/- each shall be deposited within a span of ten days gap within 30 days." 4.

Learned counsel appearing on behalf of the petitioner submits that the appeal has been disposed of by the learned ASJ vide order dated 19.05.2025 by modifying and reducing the time period for which the arrears had to be paid. It is submitted that out of Rs. 1,50,000/-, which was directed to be paid by this Court vide order dated 29.04.2025, Rs. 1,00,000/- have already been deposited and in terms of order passed by the learned ASJ in appeal, the petitioner has to deposit a sum of Rs. 64,000/-. 5.

Let the said amount be deposited by the petitioner before the learned Trial Court within a period of one month.

6.

Learned counsel appearing on behalf of the respondent has no objection The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to the same.

7.

In view of the above, the present petition is disposed of. 8.

Pending applications if any also stand disposed of. 9.

Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J MAY 30, 2025/kr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.