Pooja Yadav v. Girish Yadav

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 725/2016 POOJA YADAV ..... Petitioner Through: Mr. Setu Niket with Ms. Esha Mazumdar, Adv.

versus GIRISH YADAV ..... Respondent Through: Mr. Anand Sanjay with Mr. Manish and Mr. Anubhav Dubey, Advs.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 12.08.2016 The present contempt petition has been filed alleging wilful disobedience of the order dated 23rd November, 2015 whereby the second motion petition between the parties was allowed and their marriage was dissolved.

Learned counsel for the petitioner contends that the respondent has not paid Rs. 7,50,000/- which was supposed to be paid to the petitioner at the time of quashing of the FIR. He states that the respondent is not coming forward for getting the FIR quashed. Learned counsel for the respondent states that the respondent has not moved the petition for quashing of the FIR as he has no funds. He also points out that no time-frame was fixed for seeking quashing of the FIR.

Having heard learned counsel for the parties, this Court finds that there is no disobedience of the order dated 23rd November, 2015 inasmuch as no time-frame had been fixed for quashing of the FIR which has been filed against the respondent himself. Consequently, the present contempt petition is dismissed.

However, it is clarified that if the respondent does not get the FIR quashed, then the State is bound to prosecute and the petitioner will have to cooperate with the investigation as well as depose in the Court proceedings.

MANMOHAN, J AUGUST 12, 2016 NG