Reena Dhall Alias Reena Arora v. Pawan Kumar Dhall

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1613/2024 REENA DHALL ALIAS REENA ARORA .....Petitioner Through:

Ms.

Sunita Arora, Adv.

(DHCLSC) versus PAWAN KUMAR DHALL .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 09.10.2024 CM APPL. 59648/2024 (Ex.) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CONT.CAS(C) 1613/2024 3.

The petitioner/wife is seeking initiation of the contempt proceedings against the respondent/husband for the alleged wilful disobedience of the orders dated 18.01.2022 as well as 31.03.2022 passed in Criminal Revision Petition No. 49/2021 by this Court. 4.

None appeared on behalf of the respondent/husband. It appears that advance notice has not been sent to the respondent/husband. 5.

Learned counsel for the petitioner/wife submits that despite giving an undertaking before this Court that he would be paying maintenance @ Rs. 25,000/- per month from 01.05.2019 to 31.12.2021, a sum of Rs. 2,10,000/- is still outstanding from the respondent/husband.

6.

It is evident from the record that the respondent/husband had 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 15/10/2024 at 12:00:33

assailed the order dated 29.09.2020 passed by the learned Principal Judge, Family Court in revision proceedings, and since the aforesaid revision petition was allowed on the aforesaid terms, the order of this Court merged with the order passed by the learned Principal Judge, Family Court.

7.

The contempt jurisdiction cannot be invoked for each and every infraction of an order /direction passed by the Court. 8.

Although the contempt petition is maintainable, however, an appropriate remedy is available to the petitioner/wife to seek execution of the aforesaid order, particularly by way of attachment of his salary or otherwise, since the respondent/husband is in service. 9.

In view of the above, the present contempt petition is dismissed with liberty to the petitioner/wife to approach the learned Principal Judge, Family Court for appropriate coercive directions for recovery of amount of maintenance outstanding.

DHARMESH SHARMA, J.

OCTOBER 09, 2024 sp/E 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 15/10/2024 at 12:00:33