Sushma & ORS. v. Davender Kandhari

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 5/2025 SUSHMA & ORS.

.....Petitioner Through:

Ms. Payal Chawala with Ms. Snigdha, Advocates.

versus DAVENDER KANDHARI .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 07.01.2025 1.

Petitioners seek initiation of contempt proceedings against respondent for wilful disobedience of order passed by learned Principal Judge, Family Court, Patiala House Court, New Delhi.

2.

The above said order pertains to order of maintenance and was passed way back on 28.11.2016.

3.

Learned counsel for the petitioner submits that despite the fact that the respondent is gainfully employed and has a stable job, is most irregular in making the payment of the maintenance amount which is, even otherwise, a modest amount of Rs. 8,000/- and the arrears of maintenance is in the vicinity of Rs. 8,00,000/-.

4.

She submits that on various occasions, the petitioners were forced to file execution petitions. One such execution Petition was disposed of satisfied but three execution petitions are still pending adjudication before the learned Executing Court.

5.

She also, submits that the learned Executing Court is making best effort to dispose those of but the respondent, in one way or the other, is attempting CONT.CAS(C) 5/2025 1 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 23/01/2025 at 17:33:36

to delay the disposal of such execution petition. It is submitted that due to the aforesaid non-cooperative and contemptuous conduct of the respondent, the petitioners are finding it difficult to make both the ends meet. 6.

After hearing the arguments for some time, learned counsel for petitioner submits that at the moment, she would not press the present contempt petition, in case, there is a direction to the learned Executing Court to dispose of the Execution Petitions as expeditiously as possible. She, however, submits that, in case, situation so arises she may be permitted to file the contempt petition again.

7.

It is informed that the Execution Petitions are fixed before learned Principal Judge, Family Court on 21.01.2025.

8.

None appears on behalf of respondent despite service of advance notice.

9.

Be that as it may, in view of the above said statement made by the learned counsel for the petitioner, the present petition is disposed of as not pressed. Simultaneously, the Court of learned Principal Judge, Family Court, Patiala House Court, New Delhi is requested to dispose the above said Execution Petitions as expeditiously as possible and preferably within a period of three months.

10.

All rights and contentions of the parties are reserved. 11.

Liberty, as prayed, is granted.

MANOJ JAIN, J JANUARY 7, 2025/sw CONT.CAS(C) 5/2025 2 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 23/01/2025 at 17:33:36