Gunjan Nayyar v. Paras Nayyar & ANR.

$~25 * IN THEHIGH COURTOF DELHIAT NEW DELHI + CONT.CAS(C) 1564/2023 GUNJAN NAYYAR .....Petitioner Through:

Ms. Sakshi Arora, Adv.

versus PARAS NAYYAR & ANR.

.....Respondents Through:

Mr. Naman Arora, Ms. Shivani Bardia and Mr. Rajiv Bajaj, Advs. for R-1.

Mr. Abhinav Singh and Mr. Rishabh Mittal, Advs. for GNCTD.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 08.10.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 2(b), 10 & 12 of the Contempt of Courts Act, 1971 seeks following prayers:- "a) Initiate proceedings for contempt of court against the Respondent No. 1/Contemnors and hold them guilty of having committed willful, deliberate and contumacious acts thereby, committing the violation and contempt of the order dated 31.05.2023 and 09.06.2023, passed by the Ld. MM, Karkardooma Court, East District, Delhi in Ct Case No. 611 of 2021 under section(s) 12, 18, 19, 20 & 22 of the protection of women from Domestic Violence Act, 2005;

b) Pass an order directing the Respondent No. 1 to maintain status quo on the property bearing No. A-145, upper ground floor, Preet vihar, Delhi-110092 along with basement, Delhi-110092 as was on the date of separation 14.04.2023 and remove any third party from the said premises.; c) Pass an order directing the Respondent No. 2 not to register any document i.e. sale deed, lease deed etc. with respect to property bearing No. A-145, upper ground floor, Preet Vihar, Delhi110092 along with basement and Property bearing No. A- 144, second The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

floor, Preet Vihar, Delhi-110092;

d) Pass an order directing the Respondent No. 1 to handover the belongings of the Petitioner and her two kids which has been disposed by the Respondent No. 1 by creating third party rights on the Property bearing No. A-145, upper ground floor, Preet Vihar, Delhi or pay equivalent sum to the Petitioner against the total value of the belongings;

e) Pass any other and further orders and directions as considered fit and proper in the facts and circumstances of the present case and in the interest of justice and to maintain and uphold the principles of law and justice."

3.

Vide order dated 31.05.2023 and 09.06.2023 the respondent was restrained from selling the matrimonial home no.A-144, Preet Vihar in Delhi110092 as well as A-145, Preet Vihar, New Delhi-110092. 4.

On the last date of hearing learned counsel appearing on behalf of the respondent, on instructions of the latter who appeared through video conferencing, submitted that he shall place on record a short affidavit to the extent that the respondent who is in possession of the aforesaid properties shall abide by the directions passed by the learned Mahila Court. 5.

Learned counsel for the respondent no. 1 submits that an affidavit has been filed, however, the same is not on record. Copy of the affidavit has been handed up in Court today and the same is taken on record, wherein it has been stated as under:- " 1. That the deponent submits that though he had entered into an Agreement to Sell with respect to property bearing No. A-145, Upper Ground Floor, Preet Vihar, he shall abide by and follow the orders dated 31.05.2023 and 09.06.2023 passed by the Ld. Mahila Court in their true spirit and substance. The deponent further declares that the said Agreement to Sell stands cancelled. He is in possession of the property and undertakes not to create any thirdparty interest, alienate, or otherwise deal with the property in violation or modification of the said orders. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2. That the deponent is the Respondent No.1 in the above-captioned matter and the present Affidavit has been drafted under his instructions. He has carefully perused the contents thereof, and the same may be read as part and parcel of the record in the present matter."

6.

In view of the above, no further directions are called for and the petition is disposed of accordingly.

7.

Respondent is bound by the aforesaid undertaking placed on record. AMIT SHARMA, J OCTOBER 08, 2025/mj/db The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.