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High Court of DelhiCONT.CAS(C)/474/2016

Swati Kaushik v. Ashwani Sharma

2017-04-26Hon'Ble Mr. Justice Manmohan2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 474/2016 & CM APPL. 8405/2017 SWATI KAUSHIK ..... Petitioner Through: Mr. Jatin Sehgal, Advocate with Mr. Adhinath Singh, Advocate.

versus ASHWANI SHARMA ..... Respondent Through: Mr. Dileep Poolakkot, Advocate for IBM India Pvt. Ltd.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 26.04.2017 Present contempt petition has been filed by the petitioner-wife alleging wilful disobedience of the undertaking and order dated 30th June, 2015 given by the respondent-husband before the Metropolitan Magistrate in Ex.Pet.No.55/2014.

On 21st December, 2016 this Court had directed the respondent's employer to deduct Rs.50,000/- from the respondent's salary every month and pay directly to the petitioner-wife.

Today, learned counsel for respondent's employer-IBM India Pvt. Ltd. has entered appearance. He has handed over a photo copy of the affidavit filed by the employer-IBM India Pvt. Ltd. dated 21st April, 2017. The employer is directed to ensure that the affidavit filed on 21st April, 2017

is brought on record forthwith.

In the said affidavit, it is stated that respondent's employer had forwarded a Demand Draft bearing No.734645 dated 05th April, 2017 drawn on Deutsche Bank New Delhi in favour of the petitioner for the sum of Rs.1,50,000/- being Rs.50,000/- for the months of January 2017 to March, 2017 after deducting the same from the salary of the respondent. Learned counsel for employer, on instructions, states that the order dated 21st December, 2016 shall be complied with and every month a demand draft of Rs.50,000/- shall be handed over to the petitioner-wife after deducting the same from the respondent's salary. It is directed that the said arrangement shall continue till the respondent clears the entire amount outstanding in accordance with the order dated 30th June, 2015 passed in Ex.P.No.55/2014. In view of the aforesaid development, the present contempt petition is closed.

It is clarified that the present order shall have no impact on any other proceedings that is pending between the parties. Needless to say, the said proceedings shall be decided on their own merits. MANMOHAN, J APRIL 26, 2017 js