Anudeep Singh v. Geetanjali Singh

SHAKUN ANAND 31.01.2019 13:16 $~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1125/2016 & Crl.M.A. 4830/2016 ANUDEEP SINGH ..... Petitioner Through:

Mr. Mohit Arora & Mr. Nitin Kumar Chahar, Advs.

versus GEETANJALI SINGH ..... Respondent Through:

Mr. Jugal Wadhwa & Mr. Rishabh Wadhwa, Advs.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 22.01.2019 The petitioner is the husband of the respondent, she feeling constrained having filed complaint case (CC no. 436/1) seeking certain reliefs against him under Section 12 of Protection of Women from Domestic Violence Act, 2005 which is pending inquiry before the Metropolitan Magistrate-02, Mahila Court, South District. It appears that on account of his absence on certain consecutive dates, his right to crossexamine the respondent (CW-1), stood closed, the witness having been discharged after her examination-in-chief had been recorded on 18.12.2014, he along with other respondents in the said proceedings having been set exparte. He challenged the said order in the court of Sessions by Crl. Rev. 67/2015 which was dismissed by order dated 18.02.2016. It appears the petitioner has also been guilty of non-payment of the interim maintenance allowance as had been earlier directed in the said proceedings, arrears having accumulated.

Against this backdrop, on 07.12.2018, on the submissions of both sides, the following order was recorded:- "The counsel for the respondent pointed out that while the petitioner avoided participation in the inquiry before the Metropolitan Magistrate leading to his right to cross-examine the complainant (the respondent) being closed by the impugned order dated 18.12.2014 which was upheld by the revisional court by the impugned order dated 18.02.2016, he (the petitioner) has not complied with the interim order of maintenance allowance to the respondent/wife and the child of the parties.

He submitted that till date, the total outstanding amount is Rs. 17,55,000/- While the petitioner who is present in person with counsel confirms that he has not paid any amount after February, 2017, he seeks to explain that he did not pay the amount in the hope that mediation efforts would bear fruit. Be that as it may, he now undertakes to clear the arrears to above extent in four equal instalments of 25% each, subject to verification of accounts, within a period of four months from now, the first instalment being paid within ten days from now. The case shall be listed for payment of the first instalment of 25%, as has been undertaken, on 18th December, 2018. It is made clear that given the above noted conduct of the petitioner, in case of any further default, the petition would be liable to be dismissed. It is also made clear that the payment of arrears in instalments would not mean that the petitioner is not obliged to pay the current maintenance, liability in which regard shall be duly abided by".

On 18.12.2018, the submissions of the parties were recorded as under:- "The petitioner has handed over to the respondent a pay order bearing no.895030 dated 10.12.2018 for Rs.3,05,000/-, drawn on Corporation Bank, in her favour, which has been

accepted subject to just exceptions.

It is the contention of the petitioner that the outstanding amount is not what was projected on the last date of hearing, certain amount paid before Punjab and Haryana High Court having not been taken into consideration, the child of the parties having turned major, being not entitled from the date he turned major.

The counsel for the respondent agrees to sit with the counsel for the petitioner to reconcile accounts. The counsel for the petitioner at the same time undertakes that the petitioner would make the payment of balance outstanding amount in three further equal instalments.

The matter shall be listed for purposes of payment of the next instalment and further submissions on the basis of reconciliation of accounts on 22.01.2019".

At the hearing on the petition today, it is acknowledged by the respondent that the second instalment of Rs. 3,05,000/- has also been received by her. This liquidates the arrears to the extent of about 50%, the petitioner having continued to pay and undertaking to continue paying the regular maintenance allowance in the future month by month. It is agreed by both sides that the third instalment of arrears, subject to reconciliation of accounts as indicated in the previous proceedings, would be paid on or before 12th February, 2019 when the case is listed before the Metropolitan Magistrate, this being conditional to his right to cross-examine the complainant. Further, it has been agreed that the petitioner will pay the last instalment of 25% of arrears within four weeks of the said next date, this being condition precedent to his right to lead defence evidence. Ordered accordingly. Fengures The petitioner is bound by the undertakings given for scrupulous compliance in above regard.

The petition and the application filed therewith stand disposed of in above terms.

Dasti to both sides under the signatures of Court Master. R.K.GAUBA, J JANUARY 22, 2019 nk