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High Court of DelhiCONT.CAS(C)/1261/2024

Naseem & ORS. v. Nasir

2024-08-14Hon'Ble Mr. Justice Dharmesh Sharma2 pages

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1261/2024 NASEEM & ORS.

.....Petitioner Through:

Mr.Chirag Khurana, Advocate.

versus NASIR .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 14.08.2024 CM APPL. 46751/2024 - EXMP.

1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CONT.CAS(C) 1261/2024 3.

The petitioner is seeking initiation of contempt proceedings against the respondent for alleged wilful disobedience of the directions contained in the order dated 16.08.2018 passed by learned Principle Judge, Family Courts, North East District, Karkardooma Courts, Delhi.

4.

None is present of the respondent/husband despite sending advance notice.

5.

Learned counsel for the petitioner submits that despite having filed as many as nine execution applications, the respondent/husband has not been making payment of maintenance consistently to the 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 17/08/2024 at 14:20:22

petitioner as well as for her children, so much so that he has even been avoiding appearance in the Court. It is urged that in the past, coercive process has been issued against the respondent/husband through the police, but in vain. Lastly, it is pointed out that the matter is coming up in execution proceedings before the learned Principal Judge, Family Court on 16.08.2024. Although prima facie, the conduct of the respondent/husband makes it quite evident that he has been avoiding payment of maintenance to the petitioner and her children, since the execution proceedings are pending, the present petition is disposed of with directions to the learned Principal Judge, Family Court to ensure that appropriate measures are taken and directions are passed so as to ensure compliance of the directions dated 16.08.2018. 6.

The present petition is disposed of accordingly without prejudice.

7.

Copy of this order be given dasti under the signature of the Court Master.

DHARMESH SHARMA, J.

AUGUST 14, 2024/VLD 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 17/08/2024 at 14:20:22