High Court of DelhiCONT.CAS(C)/1939/2024

Rashmi Aggarwal & ORS. v. Amit Aggarwal

2025-04-30Hon'Ble Mr. Justice Anish Dayal4 pages

.....Petitioner Through:

Ms.

Mishika, Adv.

along with Petitioner in-person.

versus AMIT AGGARWAL .....Respondent Through:

Mr. Varun Sharma, Ms. Askini Shokeen and Ms. Ayushi Sharma, Advs. along with Respondent inperson.

+ CONT.CAS(C) 353/2025 CM APPL. 21481/2025 AMIT AGGARWAL .....Petitioner Through:

Mr. Varun Sharma, Ms. Askini Shokeen and Ms. Ayushi Sharma, Advs. along with Petitioner in-person.

versus RASHMI AGGARWAL .....Respondent Through:

Ms.

Mishika, Adv.

along with Respondent in-person.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

Pursuant to the previous order, Mr. Amit Aggarwal/respondent is present in Court along with his counsel. He has handed over a cheque of Rs.2.8 Lacs to the petitioner, who is also present in Court. The said cheque is reproduced hereunder:

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

The payment would fructify upon the cheque being duly honoured on presentation.

The issue which was pending before this Court emanated from an order dated 17th August 2023 passed by the Court in CONT.CAS(C) 893/2021, whereby the Court directed a payment of Rs.60,000/- per month from September 2023 onwards.

As regards the arrears, the issue was relegated to the Execution Court and the parties were given liberty to settle the matter, if possible. 5.

A calculation sheet was given by the respondent on 11th April 2025, as per which. if calculated at Rs.60,000/- per month, as per the order of 17th August 2023, the arrears were Rs.2.80 Lacs, which has now been paid. 6.

Counsel for the respondent, however, states that in terms of order dated 20th March 2024 passed in MT No.414/2017, where an application under Section 127 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was moved, the respondent had undertaken to pay an interim maintenance of Rs.20,000/- per month each in favour of his two children. On this basis, he states that only Rs.40,000/- per month had to be paid. Based on calculation under the order dated 20th March 2024, the respondent states that the outstanding The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

amount is only of Rs.20,000/-.

This issue does not need to subsist before this Court any further. 8.

The application of the respondent is already pending before the Family Court, which is now listed for 15th May 2025. 9.

The amount of Rs.2.80 Lacs, which has now been paid, satisfies the Court, with respect to the arrears pursuant to the directions passed by this Court on 17th August 2023.

10.

Considering the Court had already directed that the arrears, if any, will be subject to execution proceedings, the issue of any further maintenance amounts and arrears, if any, shall be taken up by the Family Court. 11.

The money as paid today of Rs.2.80 Lacs shall be taken on record, and any adjustment, if required, shall be done by the Family Court, accounting for the same.

12.

Accordingly, the petition is disposed of.

CONT.CAS(C) 353/2025 1.

Pursuant to the order of 09th April 2025, voice notes were sent after having been perused by the counsel for the respondent/wife, which are stated to be 4 minutes each.

Petitioner/husband, who is present in Court, however, states that they are merely cursory notes and do not provide any complete information. 3.

It is noted that the two daughters are 18 and 13 years of age, and cannot be forced to provide information beyond what they wish to. 4.

In this context, a counsellor's report has also been filed, which the Court has perused, and it has been noted therein that the daughters are uncomfortable talking about their petitioner/father and don't want to interact with him.

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

Needless to say, the children cannot be forced to be give a voice note as per the demands of the father, in this regard. 6.

Directions have already been passed in the order of 09th April 2024 that the next set of voice notes shall be sent in June and July as an update regarding the daughters' academic progress.

No further directions are required.

Petition is disposed of.

Order be uploaded on the website of this Court. ANISH DAYAL, J APRIL 30, 2025/MK/tk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.