Ritu Sethi v. Vivek Sethi

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 705/2018 & CRL.M.As.30356/2018, 49061/2018 RITU SETHI ..... Petitioner Through Ms. Manika Tripathy Pandey and Mr. Ashutosh Kaushik, Advocates versus VIVEK SETHI ..... Respondent Through Appearance not given `

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 28.01.2019 1.

Learned counsel for the respondent submitted that the petitioner has not examined herself before the Trial Court on the last three dates.

2.

Learned counsel for the petitioner, on instructions, submitted that the evidence shall be concluded by the petitioner positively on the next date of hearing.

3.

Learned counsel for the petitioner further submitted that she has three more witnesses to examine and two dates are sufficient for the examination of the entire evidence for herself and in her support.

4.

Learned counsel for the respondent, on instructions, submitted that he will also conclude the defence evidence on two dates.

5.

Learned counsel for the respondent further submitted that without prejudice to the rights and contentions of the parties and subject to disposal of the petition within four months, the respondent is willing to pay a sum of Rs. 10,000/- per month to the petitioner as an interim maintenance from today. 6.

Learned counsel for the petitioner, on instructions, submitted that the proposition of the respondent for the payment of Rs. 10,000/- from today is acceptable to the petitioner without prejudice to the rights and contentions of the parties and subject to disposal of the petition within four months.

7.

In view of the aforesaid circumstances, the impugned order dated 03.07.2018 passed by Judge Family Court, South East, Saket, New Delhi, dismissing the application for grant of interim maintenance to the petitioner, is set aside. 8.

The respondent shall pay a sum of Rs.10,000/- per month from today to the petitioner till the disposal of the petition, which the Trial Court is directed to dispose of within four months.

9.

It is clarified that no adjournment will be given to any party by the Trial Court for any reason whatsoever and the matter be taken up from week to week basis and only two dates will be given to the petitioner to lead the entire evidence and two dates will also be given to the respondent to lead the entire evidence.

10. Learned counsel for the petitioner shall supply the copy of affidavit in support of evidence, at least one week from the next date fixed for hearing before the Trial Court.

11. It is clarified that the aforesaid order shall not tantamount to expression of any opinion on the merits of the petition pending before the Trial Court or entitlement of the petitioner or the liability of the respondent in any manner whatsoever. 12.

Petition is disposed of in above terms. Pending applications are also disposed of.

CHANDER SHEKHAR, J JANUARY 28, 2019/sk