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High Court of DelhiCRL.M.C./2955/2018

Karan Kochhar v. Jayati Kochhar

2019-09-18Hon'Ble Mr. Justice Chander Shekhar2 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2955/2018 & Crl.M.A.9842/2019 KARAN KOCHHAR ..... Petitioner Through Ms. Rani Awasthi and Mr.Ramakant, Advs.

versus JAYATI KOCHHAR .... Respondent Through Mr. Vivek Luthra and Ms.Rema Luthra, Advs. with the respondent in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.09.2019 1.

The present petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 against the order dated 5.4.2018 passed in CC No.46/3 by the Additional Sessions Judge-02, North, Rohini Courts, New Delhi.

2.

Learned counsel for the petitioner, after some arguments, on instructions submitted that the petitioner is ready and willing to pay a sum of Rs.13,500/- per month w.e.f. 1.10.2019 as interim maintenance to the respondent during the pendency of the petition before the Trial Court without prejudice to the rights and contentions of the parties. 3.

Learned counsel for the respondent submitted that without prejudice to the rights and contentions of the parties, just to cut short the delay and to avoid further litigation, the respondent is ready to accept the interim maintenance @ Rs.13,500/- per month w.e.f.

1.10.2019 and prayed that the Trial Court may be directed to decide the matter as early as possible preferably within one year. 4.

Learned counsel for the petitioner further submitted that the petitioner shall clear all the arrears as on date, if any, before the Trial Court on 30.9.2019.

5.

In view of the aforesaid submissions, the statements of learned counsel for the parties are accepted and are taken on record as undertaking on behalf of the parties. Accordingly, the order dated 5.4.2018 passed by the Appellate Court is modified to the extent that the petitioner shall pay a sum of Rs.13,500/- per month to the respondent as interim maintenance w.e.f. 1.10.2019 till the final disposal of the main petition before the Trial Court. The Trial Court is directed to expedite the proceedings and dispose of the matter preferably within one year.

6.

It is clarified that no adjournment would be given by the Trial Court on any ground whatsoever.

7.

The petition is disposed of in the above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J SEPTEMBER 18, 2019/rk