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Delhi High Court – Orders
Prakash Dutt vs Bhawana Chopra on 21 February, 2024
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Amit Bansal
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 60/2024 CM APPL. 10453/2024
PRAKASH DUTT ….. Appellant
Through: Mr Sandeep Chandna and Mr
Chanpreet Singh, Advs.
versus
BHAWANA CHOPRA ….. Respondent
Through: Arun Baali, Arisha Ahmad and
Tushar Mehta, Advs.
CORAM:
HON’BLE MR. JUSTICE RAJIV SHAKDHER
HON’BLE MR. JUSTICE AMIT BANSAL
ORDER
% 21.02.2024
[Physical Hearing/Hybrid Hearing (as per request)]
CM No.10453/2024
1. Allowed, subject to the appellant filing legible copies of the
annexures, at least three (3) days before the next date of hearing.
MAT.APP.(F.C.) 60/2024
2. This appeal is directed against the order dated 08.01.2024 passed by
the Principal Judge, Family Courts, Central District, Tiz Hazari Courts,
Delhi.
3. Via the impugned order, the Family Court has closed the evidence of
the appellant/husband.
4. A perusal of the impugned order shows that the appellant/husband had
paid costs and also placed on record his affidavit of evidence. It appears that
an application was also filed by the appellant/husband seeking exemption
from personal appearance.
MAT.APP.(F.C.) 60/2024 page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/02/2024 at 22:44:16
5. It is the grievance of the appellant/husband that since exemption was
sought and costs were paid, his evidence ought not to have been closed
given the fact that the affidavit of evidence was placed on record.
6. Mr Arun Bali, learned counsel, who appears on behalf of the
respondent/wife, says that the appellant/husband has delayed prosecution of
the divorce petition instituted by him, which is an aspect recorded by the
Family Court in the impugned order as well.
7. Furthermore, Mr Bali says that the couple has a minor girl-child from
the wedlock and despite interim maintenance having been fixed based on an
application moved by the respondent under Section 24 of the Hindu
Marriage Act, 1955 [in short, “HMA”], the appellant/husband has defaulted
in making payments regularly, as directed by the Court.
7.1 In this context, our attention has been drawn to the order dated
17.01.2023 passed by the Family Court on the respondent’s/wife’s
application under Section 24 of the HMA.
7.2 In particular, our attention is drawn to the operative directions
contained in paragraph 17 of the said order. For convenience, the said part of
the order is set forth hereafter:
“17. Considering the totality of facts and circumstances of the case, the
petitioner/husband is ordered to pay an amount of Rs.75,000/- (rupees
seventy five thousand only) per month to the respondent/wife as maintenance
for the minor daughter from the date of filing of the application and till the
disposal of the petition. The petitioner/husband may clear arrears of
maintenance by way of installments within three months. The
petitioner/husband is further ordered to pay Rs.21,000/-(lump sum) to the
petitioner/wife towards litigation expenses.”
MAT.APP.(F.C.) 60/2024 page 2 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/02/2024 at 22:44:16
8. Before we proceed further, learned counsel for the parties will place
their affidavits on record with regard to the arrears concerning payment of
interim maintenance ordered by the Family Court.
9. We may note that even according to Mr Sandeep Chandna, counsel,
who appears on behalf of the appellant/husband, there are arrears towards
interim maintenance which the appellant/husband is required to liquidate.
10. List the appeal on 26.02.2024.
11. Meanwhile, learned counsel for the parties will ensure that the
affidavits, as directed, are placed on record.
RAJIV SHAKDHER, J
AMIT BANSAL, J
FEBRUARY 21, 2024
aj
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MAT.APP.(F.C.) 60/2024 page 3 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/02/2024 at 22:44:16
