Pragya Sarin Chopra v. Sh. Ritesh Chopra

1. This petition under Section 482 Code of Criminal Procedure, 1973, essentially, seeks a direction to the respondent to comply with the order, dated 5th September, 2019, passed by the learned Principal Judge (Family Court), whereby the respondent was directed to pay ad interim maintenance of ₹ 40,000/- per month to the petitioners (being 2020:DHC:3133 the wife and minor daughter of the respondent), to be deposited in the bank account of Petitioner No. 2, on or before the 10th day of each calendar month. The application for interim maintenance was directed to be listed on 30th October, 2019.

2. As there was a default, on the part of the respondent, in complying with the above direction, the petitioners moved this Court by way of the present petition, seeking issuance of directions to the respondent, necessitating such compliance.

3. While issuing notice on 6th July, 2020, I had directed deposit, by the respondent, of the amount of ₹ 40,000/- per month, towards ad interim maintenance of the petitioners, as directed by the learned Principal Judge, subject, however, to the outcome of these proceedings. It is reported that this direction stands complied with, and that the respondent has been depositing an amount of ₹ 40,000/per month, towards ad interim maintenance of the petitioners.

4. The application for interim maintenance is listed for hearing before the learned Principal Judge on 7th November, 2020.

5. In view thereof, learned counsel for the parties are ad idem that the present petition may be disposed of, continuing to maintain the ad interim direction to the respondent to deposit ₹ 40,000/- per month, by the 10th day of each succeeding English calendar month, for the maintenance of the petitioners.

6. However, learned counsel also submit that learned Principal Judge may be directed to dispose of the application for interim maintenance as expeditiously as possible.

7. Mr. Sanjeev Sindhwani, learned Senior Counsel for the petitioners, also prays that a direction be issued to the respondent to file, before the learned Principal Judge, his income tax returns for the last five years. I am not inclined to issue any such mandatory direction as it is for the learned Principal Judge to take a decision regarding the relevant documents which are required to be examined while deciding the application for interim maintenance. It shall be open to the petitioners, however, to raise this plea before the learned Principal Judge.

8. In view of the above, the respondent is directed to continue paying ₹ 40,000/- per month, to be deposited within the 10th day of each English calendar month, towards the maintenance of the petitioners.

9. Both parties are directed to appear before the learned Principal Judge on 7th November, 2020, being the date already fixed. No adjournment shall be sought by either of the parties.

10. Learned Principal Judge is also requested to dispose of the application for interim maintenance as expeditiously as possible and, at any rate, within a period of two months from today.

11. With the aforesaid directions, this petition stands disposed of.

12. Mr. Amit Sharma, learned counsel for the respondent, submits that the application of the respondent, seeking visitation rights, is also pending before the learned Principal Judge, and seeks a direction for disposal thereof. Needless to say, the learned Principal Judge would endeavour to ensure that all pending applications are taken up and disposed of, with all due expedition. Crl. M.As. 8742/2020 and 13226/2020 In view of the order passed in the petition, these applications are disposed of.

C. HARI SHANKAR, J.