Kinri Dhir v. Veer Singh

$~59, 60 & 61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 603/2023, CM APPLs. 23610/2023 & 26166/2023 KINRI DHIR .....Petitioner Through:

Ms.Shivangi Luthra Lohiya, Advocates versus VEER SINGH .....Respondent Through:

Mr.Nikhil Kohli and Ms.Akshaya Ganpath, Advocates + CONT.CAS(C) 833/2023 & CM APPL. 38253/2023 KINRI DHIR .....Petitioner Through:

Ms.Shivangi Luthra Lohiya, Advocates versus VEER SINGH .....Respondent Through:

Mr.Nikhil Kohli and Ms.Akshaya Ganpath, Advocates + CONT.CAS(C) 1060/2023, CM APPLs. 39225/2023 & 39226/2023 KINRI DHIR .....Petitioner Through:

Ms.Shivangi Luthra Lohiya, Advocates versus VEER SINGH .....Respondent Through:

Mr.Nikhil Kohli and Ms.Akshaya Ganpath, Advocates

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 15.05.2025 1.

This hearing has been done through hybrid mode. 2.

These are three contempt cases arising out of a MAT. APP (F.C.) 2/2022 between the parties. There were allegations made by the Petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

against the Respondent of violation of various orders. The details are set out in the chart below:

CONT.

CAS (C) No.

●Orders dated 26th July, 2022 and 23rd January, 2023 in MAT.APP.(F.C.) 2/2022, 603/2023 CONT.

CAS (C) No.

●Orders dated 01st June 2023, 23rd May 2023, 19th May 2023 and 09th May 2023 in Cont. Cas. (C) No. 603/2023 ●Order dated 09th May 2023 in Mat.

833/2023 Appeal (FC) No. 2/2022 CONT.

CAS (C) ●Order dated 19th July, 2023 in Cont.

Cas.(C) No. 833/2023 ●Order dated 09th May 2023 in Mat. App.

No.1060/2023 (F.C.) No. 2/2022 3.

It is submitted that a Look Out Circular was issued in view of the order dated 6th July, 2023 in Contempt Case 833/2023. The said order was challenged by the Respondent before the Supreme Court which was disposed of in Civil Appeal No. 4711/2023 vide order dated 22nd January, 2024. The order of the Supreme Court reads as under:

" 1. The appeal is taken up for hearing.

2. The appeal challenges the order dated 06th July, 2023, by which the learned Division Bench of the High Court has sentenced the appellant for Simple Imprisonment of three months with a fine of Rs. 2,000/-.

3. There is series of litigation pending between the appellant and the respondent. On one hand, it is the submission of the appellant that though he was in relationship with the respondent, they are not married. However, he admits that the child born out of the said relationship is his child.

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4. Per contra, it is the case of the respondent that the respondent was induced by the appellant into having a relationship with him on the pretext that they are already married.

5. There are also various proceedings pending between the parties with regard to the award of maintenance and the payment of rent towards the accommodation, where the respondent and her child would reside.

6. There are also various criminal proceedings filed by both the parties against each other.

7. Both the appellant and the respondent agree that they will withdraw all the criminal proceedings filed by them against each other. However, it is further agreed that till the appropriate orders with regard to the enhancement/reduction of the maintenance are passed by the competent Court, the appellant shall continue to pay an amount of Rs. 1,50,000/- per month towards rent of the accommodation to be occupied by the respondent and her child. This would be in addition to the maintenance, which is at the rate of Rs. 3,00,000/- per month.

8. We further find that insofar as the rental accommodation is concerned, the respondent would be required to pay certain security amount as deposit. In the interest of justice, the appellant shall pay an additional amount of Rs. 5,00,000/- to the respondent towards security deposit and security charge.

9. In that view of the matter, the impugned orders passed by the High Court as well as by the Trial Court are hereby set aside. The contempt proceeding(s) shall stand disposed of.

10. The appellant shall continue to pay a sum of Rs. 1,50,000/- towards the rent and the maintenance @ Rs. 3,00,000/- for the respondent and her child on or prior to 5th of every month. Preferably, the said amount would be paid on the 1st of every month.

11. In addition to the aforesaid amount, the appellant shall also pay an amount of Rs. 5,00,000/- so as to meet the expenses towards the security deposit and shifting etc. within a period of three days from today.

12. It is needless to state that disposal of the present proceedings would not influence the Court before whom the maintenance proceedings are pending.

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13. It is also needless to add that all the interim orders passed by the various Courts shall stand modified with the aforesaid terms and nothing observed herein shall be construed as having effect on the proceedings for enhancement/reduction of maintenance pending between the parties.

14. The appeal is disposed of in the above terms.

15. Pending application(s), if any, shall stand disposed of." 4.

We find that in respect of all the disputes which have arisen qua maintenance, payment of rent accommodation etc., and the criminal proceedings, the Supreme Court had finally given directions which are extracted above. The Supreme Court had also observed that all the impugned orders passed by the High Court as well as the Trial Court are set aside and the contempt proceedings shall stand disposed of 5.

In item No. 59, i.e., CONT. CAS (C) No. 603/2023 the order of which contempt is alleged in respect of payments of arrears would clearly be covered by the order of the Supreme Court. The same would be the position for Item No. 60 and 61, i.e, CONT. CAS (C) No. 833/2023 and 1060/2023. 6.

Counsel for the Petitioner submits that the Petitioner is permitted to pursue her remedies in respect of any other arrears. Whereas, ld. Counsel for the Respondent submits that the Petitioner has already availed of her remedies in respect of any other directions that she seeks. However, contempt proceedings are not to be pressed.

7.

A perusal of the above order passed by the Supreme Court leaves no manner of doubt that contempt petitions are no longer to be pursued and that they have all been disposed of. In respect of any other grievance the Petitioner may have, the Petitioner is stated to be pursuing her remedies in accordance with law.

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8.

It is clarified that this order shall also not affect any execution proceedings or any other proceedings which the Petitioner may be pursuing against the Respondent.

9.

All the three petitions are disposed of. Pending applications, if any, are also disposed of.

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

MAY 15, 2025/SV/Ar.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.