Rajesh Kumar Yadav v. Seema Yadav

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 321/2019 & CM APPL. 52957-52959/2019 RAJESH KUMAR YADAV ..... Appellant Through Mr. Sanjeev Salhan, Mr. Sanjay Sharma, Advocates.

versus SEEMA YADAV ..... Respondent Through None.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 09.12.2019 1.

The appellant/husband is aggrieved by an interim order dated 03.10.2019, passed by the learned Family Court, wherein he has been directed to deposit a sum of Rs.1 lakh in the bank account of the respondent within one month from the date of passing of the said order and the remaining amount of Rs.1 lakh, one month thereafter and produce the deposit receipts on the next date of hearing i.e., 13.01.2020.

2.

On the face of it, the present appeal is not maintainable in terms of Section 19(1) of the Family Courts Act, 1984, as the order challenged by the appellant is purely interim in nature. Even otherwise, having perused the impugned order, we are of the opinion that it does not warrant any interference. It is most unfortunate that the appellant is resisting paying the amount as directed to his own children.

MAT.APP.(F.C.) 321/2019

3.

On enquiring from the learned counsel for the appellant as to whether any part of the sum of Rs.2 lakhs, directed to be paid by the appellant to the respondent, for two children i.e. one going to college and other going to school, has been paid so far, he concedes that no amount has been paid and goes on to assure the court that the appellant shall pay the entire amount as directed, within one week from today.

4.

While disposing of the present appeal, the Registry is directed to forward a copy of this order forthwith to the Family Court with a direction that in the event the appellant fails to pay the amounts in terms of the above order, it may consider striking off his defence in so far as the application moved by the respondent under Section 24 of the Hindu Marriage Act, 1955 is concerned.

5.

The appeal is disposed of along with the pending applications. HIMA KOHLI, J ASHA MENON, J DECEMBER 09, 2019/MK MAT.APP.(F.C.) 321/2019