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HIGH COURT OF DELHI
Date of Decision: February 27, 2023
DEEP KARAN SINGH ..... Petitioner
Through: Mr. Sameer Chandra, Advocate
Through: Mr. Anil Kumar, Sr. Panel Counsel with Mr. Rudra Paliwal, GP and Mr. M.K. Singh, Comdt.
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application stands disposed of. W.P.(C) 2463/2023 & CM APPL. 9428/2023 (for ex parte stay)
3. Vide the present petition, petitioner is seeking directions to the respondents to refrain from deducting Rs.20,000/- from the salary of petitioner every month and reimbursement of salary amounting to Rs. 1,80,000/- with interest at the rate of 10 % per annum from the date of its deduction till the payment of the amount to the petitioner.
4. Notice issued. 15:35
5. Learned Senior Panel Counsel accepts notice.
6. For the aforesaid relief(s), petitioner had made representation dated 05.01.2023 before respondents, however, till date, concerned authorities have not decided the same.
7. It is not in dispute that vide order dated 08.11.2021, learned Judicial Magistrate concerned directed the petitioner to pay an amount of Rs.20,000/- per month as interim maintenance in favour of his wife alongwith arrears from the date of petition. Thereafter, the said order was challenged and vide order dated 28.06.2022, the same was set aside by learned Additional & Sessions Judge, 3rd Court, Asansol, Paschim Bardhaman, West Bengal with the direction to the Trial Court to adjudicate the case afresh. Subsequently, vide order dated 05.08.2022, learned Judicial Magistrate concerned passed the same order again whereby petitioner was again directed to pay Rs.20,000/- as interim maintenance in favour of his wife. Thereafter, vide order dated 22.09.2022, the order dated 05.08.2022 passed by learned Judicial Magistrate concerned was stayed, however, a direction was passed to the petitioner to continue to pay an amount of Rs.20,000/- per month in favour of his wife till disposal of the case before learned ASJ, 3rd Court, Asansol, Paschim Bardhman, West Bengal.
8. Learned counsel for petitioner submits that petitioner continued to pay the interim maintenance of Rs.20,000/- per month to his wife till November, 2022, however, he stopped paying the maintenance thereafter for the reason that the respondents had already deducted the maintenance amount from his salary including arrears.
9. Vide representation dated 05.01.2023, petitioner has forwarded relevant documents pertaining to the stay order and has clarified the 15:35 aforesaid position to the respondents, however, despite that, respondents have not stopped deducting the amount of maintenance from his salary.
10. In view of above, we hereby direct the respondents to desist from deduction of maintenance amount from the salary of petitioner subject to the undertaking given by the petitioner that he shall continue to pay Rs.20,000/per month as maintenance in favour of his wife till disposal of the revision petition.
11. It is made clear that if the petitioner fails to pay the amount of maintenance to his wife even for a single month, the respondents shall be at liberty to deduct the amount of maintenance along with arears, if any, from the salary of the petitioner and pay the same to his wife.
12. With the aforesaid directions, the present petition and pending application stand disposed of.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)
JUDGE FEBRUARY 27, 2023 15:35