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.$~3&4 HIGH COURT OF DELHI
FAO(OS) 370/2013 & FAO(OS) 371/2013
SAURABH SRIVASTAVA i Appellant
Through : Mr. Sanjiv Kumar Jha, Adv. with Appellant in person.
FAO(OS) 370/2013 & FAO(OS) 371/2013
SAURABH SRIVASTAVA i Appellant
Through : Mr. Sanjiv Kumar Jha, Adv. with Appellant in person.
VERSUS
NIMISHA
Respondent
Through : Mr. Manish Gandhi, Adv. with respondent in person.
Respondent
Through : Mr. Manish Gandhi, Adv. with respondent in person.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMIWAZIRI
19.08.2013 CM Nos.12488/2013 & 12490/2013(applications for exemption) ii j
Allowed, subjectto alljust exceptions.
The applications stand disposedoff. f
HON'BLE MR. JUSTICE NAJMIWAZIRI
19.08.2013 CM Nos.12488/2013 & 12490/2013(applications for exemption) ii j
Allowed, subjectto alljust exceptions.
The applications stand disposedoff. f
FAO(OS) 370/2013 & CM 12487/2013rstav
FAO(OS) 371/2013 CM 12489/2013rstay)
Issue notice. Mr. Manish Gandhi, Advocate is present in Court along with the respondent.
After some hearing, learned counsel for the appellant submitted that
2013:DHC:7328-DB "A.
-7. in the event the respondent assures the Court that the other pending applications for maintenance, i.e. under Section 24 of the Hindu Marriage
Act and Section 125 ofthe Cr.P.C. are withdrawn, the present appeals would not be pressed. The appellant - Shri Saurabh Srivastava also is present in
Court and agrees to this statement. It is stated by the respondent that the application bearing No.248/2012 (pending before the Additional District
Judge, Karkardooma Court) would be withdrawn within two weeks..
Likewise, the criminal complaint filed by the respondent and pending before
Ms. Nyaybindu, Metropolitan Magistrate, would be also withdrawn. The respondent Ms. Nimisha also present in Court is bound by the said statement.
In view of the above, learned counsel for the appellant upon instructions, seeks liberty to withdraw the appeals. j
The learned Single Judge shall proceedto determine the merits of the suit pending before him after duly recording satisfaction of compliance with the impugned order, vis-a-vis payment of maintenance amount.
The appeals are dismissed as withdrawn; the parties are, however, bound by the statements made in the Court.
It is open to the appellant to seek suitable reliefin respect ofpayment of the amounts towards the unpaid arrears, directed to be paid by way of instalment. In case such anapplication ismade, thesame may be considered on its merit.
AUGUST 19, 2013 sn S. RAVINDRA BHAT, J WAZIRI, J
Issue notice. Mr. Manish Gandhi, Advocate is present in Court along with the respondent.
After some hearing, learned counsel for the appellant submitted that
2013:DHC:7328-DB "A.
-7. in the event the respondent assures the Court that the other pending applications for maintenance, i.e. under Section 24 of the Hindu Marriage
Act and Section 125 ofthe Cr.P.C. are withdrawn, the present appeals would not be pressed. The appellant - Shri Saurabh Srivastava also is present in
Court and agrees to this statement. It is stated by the respondent that the application bearing No.248/2012 (pending before the Additional District
Judge, Karkardooma Court) would be withdrawn within two weeks..
Likewise, the criminal complaint filed by the respondent and pending before
Ms. Nyaybindu, Metropolitan Magistrate, would be also withdrawn. The respondent Ms. Nimisha also present in Court is bound by the said statement.
In view of the above, learned counsel for the appellant upon instructions, seeks liberty to withdraw the appeals. j
The learned Single Judge shall proceedto determine the merits of the suit pending before him after duly recording satisfaction of compliance with the impugned order, vis-a-vis payment of maintenance amount.
The appeals are dismissed as withdrawn; the parties are, however, bound by the statements made in the Court.
It is open to the appellant to seek suitable reliefin respect ofpayment of the amounts towards the unpaid arrears, directed to be paid by way of instalment. In case such anapplication ismade, thesame may be considered on its merit.
AUGUST 19, 2013 sn S. RAVINDRA BHAT, J WAZIRI, J
JUDGMENT