Preeti Maan Tehlan v. Mayank Tehlan

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1120/2016 & C.M.No.37344/2016 PREETI MAAN TEHLAN ..... Petitioner Through Mr.Sandeep Kapur with Mr.Vir Inder Pal Sandhu and Mr.Rajat Soni, Advocates.

versus MAYANK TEHLAN ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 05.10.2016 Present contempt petition has been filed alleging wilful disobedience of the undertaking given by the respondent-husband before the Mahila Court on 2nd June, 2016 read with order dated 25th April, 2016 passed by the same Mahila Court, whereby the respondent-husband had voluntarily undertaken to pay Rs. 18,000/- per month on or before 07th of every month to the petitioner on account of rent for her alternative residential accommodation. Learned counsel for the petitioner states that only partial payments have been made by the respondent and the amount of Rs.1,27,000/- is outstanding till date.

A perusal of the Protection of Women from Domestic Violence Act, 2005 shows that Section 31 provides for a penalty for breach of protection order by respondent.

Consequently, this Court is of the opinion that the petitioner has an alternative effective remedy by filing an application under Section 31 of the Protection of Women from Domestic Violence Act, 2005. In the event proceedings under Section 31 of the Act are filed, the Mahila Court is directed to dispose of the same within a period of six weeks.

In view thereof, present contempt petition and the application stand disposed of.

MANMOHAN, J OCTOBER 05, 2016 KA