Rajbala v. Dalbir

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 322/2018 & CM APPL. 52060/2018 RAJBALA ..... Appellant Through:

Mr.Mohit Monga, Advocate with Appellant in person.

versus DALBIR ..... Respondent Through:

Mr.Abhishek Aggarwal, Advocate.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 09.01.2019 We had requested Ms.Shwetasree Majumdar, Advocate to assist the court in this matter, as the counsel for the appellant was unable to appear on 17.12.2018. Since the appellant is represented by a counsel, Ms.Majumdar, Advocate need not appear again.

The court appreciates the gesture of Ms.Majumdar, Advocate to appear in this matter.

Respondent is not present.

The challenge in this appeal is to the order dated 31.08.2018 by which three months time was granted to the respondent/husband to clear maintenance amount of Rs.5,60,000/- as on the said date. Learned counsel for the appellant submits that the appellant is finding it difficult to look after two small children as the amount is not being paid by the respondent. He submits that there is no reason as to why the Family

Court allowed period of three months to clear arrears especially when the respondent is not even paying the monthly maintenance. It is also pointed out that the Execution petition filed by the decree holder/appellant has been adjourned to 25.04.2019 without taking into consideration the acute hardship being faced by the appellant herein.

Learned counsel for the respondent will produce statement of account showing the payments made to the appellant.

Parties are directed to remain present in court. List on 15.01.2019.

G.S.SISTANI, J JYOTI SINGH, J JANUARY 09, 2019 ssc MAT.APP.(F.C.) 322/2018