Dr.Atul Agarwal v. Dr.Anita Agarwal

45# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2568/2016 DR.ATUL AGARWAL ..... Petitioner Through:

Mr. Ashesh Lal and Mr. Raghav Parmatiyar, Advocates.

versus DR.ANITA AGARWAL ..... Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.07.2016 Crl. M.A. No.11044/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2568/2016 and Crl. M.A.11045/2016 (Stay) Learned counsel for the petitioner urges that the complaint impugned in the present petition is barred by limitation as the cause of action as per own showing of the complainant was till 2010 when the parties were living together. Thereafter there was no cause of action. I have perused the complaint. The complainant has alleged that the petitioner was paying her a sum of `15,000/- per month for the household expenses from April, 2010 to September, 2011 which he stopped thereafter. Further in the year 2013 the petitioner was threatening the complainant that he will dispossess her from the shared household, that is, House No.209, Ambika Vihar, Delhi and GH-14, Flat No.1189, Pashchim Vihar, Delhi CRL.M.C. 2568/2016

either forcibly or by selling or alienating the same. From the allegations in the complaint as noted above prima facie it cannot be said that the complaint is barred by limitation.

I find no ground to interfere with the impugned order summoning the petitioner.

Petition and application are dismissed.

MUKTA GUPTA, J.

JULY 25, 2016 'vn'

CRL.M.C. 2568/2016