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$-60 HIGH COURT OF DELHI
CRL.M.C. 127/2015.
SANJAY MALIK
Petitioner
Through MrJ.P.Sengh,Sr.Adv.with Mr.Sanjay Kr.Singh,Adv.
CRL.M.C. 127/2015.
SANJAY MALIK
Petitioner
Through MrJ.P.Sengh,Sr.Adv.with Mr.Sanjay Kr.Singh,Adv.
VERSUS
PRIYA MALIK
Respondent
Through None
Respondent
Through None
CORAM:
HON'BLE MR.JUSTICE MANMOHANSINGH
14.01.2015 Crl.M.A.No.556/2015(exemption)
Exemption allowed,subjecttojustexceptions.
The application is disposed of.
Crl.M.C.No.127/2015& CH.M.A.Nn.555/7ni^ The respondent has filed the complaint under Section 12 of the
Protection ofWomen from Domestic Violence Act,2005(in short, called the "Act")against the petitioner and his family members, alleged therein that the petitioner and his members have subjected her with cruelty.
Admittedly, the marriage between the petitioner and the respondent was solemnized accordingtoHinduRitesand Ceremonieson February,2003.
In the year 2009,some disputes arose between the parties. Therefore,the respondentfiledthe above said complaintunder Section 12ofthe Act. By
2015:DHC:10639 v,i order dated 22"'* October, 2013, the learned MM awarded an interim maintenance ofRs.5,000/- and Rs.3,000/- forrent payable by the petitioner to the respondent. The petitioner challenged the said order by filing ofan appealunderSection29ofthe Act. Thesaid appeal wasdismissed,mainly, on the reason that since there is no compliance on behalfofthe petitioner, the appeal wasliable to be dismissed.
Learned Senior counsel appearing on behalfofthe petitioner submits that without prejudice, the petitioner would comply the order dated 22"'^
October,2013 by paying the maintenance up-to-date. However,he states that the respondent is not entitled for the rent awarded by the learned MM by the said order, as the respondent owns a flat which fact has been suppressed bythe respondentin her affidavit.
Be that as it may, without prejudice, the petitioner shall strictly comply with the order dated 22"^^ October,2013. The undertaking is given on behalfofthe petitionerto comply with the said order,within aperiod of two weeks from today. On compliance subject to the satisfaction ofthe
Appellate Court,liberty is granted to the petitioner to move an application forrevival ofthe appealto be heard on merits bythe Appellate Court. The aspectofrent willalso be decided bythe said Court.
The petition is accordingly disposed of. Dasti;
JANUARY14,2015/ka J.^ 2015:DHC:10639
14.01.2015 Crl.M.A.No.556/2015(exemption)
Exemption allowed,subjecttojustexceptions.
The application is disposed of.
Crl.M.C.No.127/2015& CH.M.A.Nn.555/7ni^ The respondent has filed the complaint under Section 12 of the
Protection ofWomen from Domestic Violence Act,2005(in short, called the "Act")against the petitioner and his family members, alleged therein that the petitioner and his members have subjected her with cruelty.
Admittedly, the marriage between the petitioner and the respondent was solemnized accordingtoHinduRitesand Ceremonieson February,2003.
In the year 2009,some disputes arose between the parties. Therefore,the respondentfiledthe above said complaintunder Section 12ofthe Act. By
2015:DHC:10639 v,i order dated 22"'* October, 2013, the learned MM awarded an interim maintenance ofRs.5,000/- and Rs.3,000/- forrent payable by the petitioner to the respondent. The petitioner challenged the said order by filing ofan appealunderSection29ofthe Act. Thesaid appeal wasdismissed,mainly, on the reason that since there is no compliance on behalfofthe petitioner, the appeal wasliable to be dismissed.
Learned Senior counsel appearing on behalfofthe petitioner submits that without prejudice, the petitioner would comply the order dated 22"'^
October,2013 by paying the maintenance up-to-date. However,he states that the respondent is not entitled for the rent awarded by the learned MM by the said order, as the respondent owns a flat which fact has been suppressed bythe respondentin her affidavit.
Be that as it may, without prejudice, the petitioner shall strictly comply with the order dated 22"^^ October,2013. The undertaking is given on behalfofthe petitionerto comply with the said order,within aperiod of two weeks from today. On compliance subject to the satisfaction ofthe
Appellate Court,liberty is granted to the petitioner to move an application forrevival ofthe appealto be heard on merits bythe Appellate Court. The aspectofrent willalso be decided bythe said Court.
The petition is accordingly disposed of. Dasti;
JANUARY14,2015/ka J.^ 2015:DHC:10639
JUDGMENT