Thereafter, the respondent started pressurizing the appellant to agree for dissolution of marriage by mutual companysent.
The said companyplaint case came to be disposed of by the learned Metropolitan Magistrate, New Delhi by his order dated 05.07.2012.
Application No.78 34 of 2013 for interim directions in the High Court of Delhi on 08.05.2013.
Aggrieved by the same the respondent approached this Court in SLP Crl.
Within four months, the respondent filed another petition on 08.04.2009 once again invoking Section 13 1 of the Hindu Marriage Act, 1955 before the Additional District Judge, Patiala House Courts, Delhi being H.M.A. No.215 of 2009 and the same on being transferred is pending before the Family Court, Saket and renumbered as H.M.A. No.266 of 2009.
The said petition came to be disposed of on 31.03.2014 by setting aside the interim stay granted by the High Court on the execution petition filed by the appellant.
On 04.06.2009, the appellant filed a companyplaint case No.120/4/09 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 hereinafter referred to as the DV Act .
Strangely, when the appellants application for the payment of current maintenance in C.M. No.18869 of 2013 was listed on 27.5.2014 before the High Court along with other companynected matters in Appeal Crl.
On 10.01.2013, the learned Additional Sessions Judge while granting stay of the execution of the order under appeal passed an order directing the respondent to pay the entire arrears of the maintenance due to the appellant till the presentation of the appeal within a period of two months.
Aggrieved by the above order, the respondent carried the matter in appeal under Section 29 of the DV Act in Criminal Appeal No.23 of 2012 before the learned Additional Sessions Judge, Rohini, New Delhi.
Application No.12547 of 2013 in Crl.
The High Court initially declined to pass an interim order in the said appeal.
The said petition was dismissed by an order dated 03.10.2008.
Eventually the mediation failed.
The monthly maintenance was made payable on or before 10th of each succeeding month.
Case No.1975 of 2013 and Crl.
The learned Magistrate further directed that the arrears of the maintenance be cleared by 05.12.2012.
This Court categorically observed that it is open to the petitioner to execute the order of maintenance passed by the learned Metropolitan Magistrate and requested the High Court to dispose of the appeal of the respondent expeditiously.
No.6509 6510 of 2013 which was dismissed in limine on 13.08.2013 with a direction to the parties to apply for mediation.
Aggrieved by the order dated 07.05.2013, the respondent filed Crl.
As the appellant did number agree for the same, the respondent filed a petition for divorce being H.M.A. No.637 of 2007 under Section 13 1 of the Hindu Marriage Act, 1955 on 17.10.2007 before the Additional District Judge, Tis Hazari Courts, Delhi.
No.2210 of 2014 in this Court.
Case No.1975 of 2013 for direction to refer the matter to Mediation.
By an order dated 07.05.2013, Criminal Appeal No.23 of 2013 preferred by the respondent was dismissed by the learned Sessions Judge for number companypliance of the interim directions dated 10.01.2013.
Case No.1975 of 2013 preferred by the respondent, the application of the appellant was dismissed as number pressed on representation made by the companynsel appearing for the appellant.
The High Court directed the respondent to pay an amount of Rs.10 lakhs in two instalments and that the execution petition filed by the appellant for the recovery of the arrears be kept in abeyance.
Pursuant to the said direction, the respondent filed Crl.
The matter was referred accordingly.
In the said background, the appellant filed Special Leave Petition Crl.
On receipt of such failure report, the appeal was again listed before the High Court on 10.09.2013.
Thereafter, an application was filed by the appellant before the High Court seeking direction to the respondent for the payment of monthly maintenance current period in terms of order dated 05.7.2012 of the learned Metropolitan Magistrate supra .
The appellant appeared in person before us and made a statement that such instructions number to press the application were never given to the companynsel who appeared in the High Court and hence the present appeal.
The appellant is a young woman who got married to the respondent on 20.04.2007 in Delhi according to Hindu rites and customs, pursuant to certain information placed by the respondent on the website known as Sycorian Matrimonial Services Ltd According to the appellant, she was thrown out of the matrimonial home within four months of the marriage on 14.8.2007.
By the said order, the Magistrate granted an amount of Rs.2.5 lacs towards monthly maintenance of the appellant which included rental charges for alternative accommodation.
Chelameswar, J. Leave granted.
It appears that the matter underwent number of adjournments but numberorders have been passed by the High Court.
Since the respondent did number pay the arrears, the appellant moved an application for execution of the order dated 10.01.2013.
The respondent was made liable to pay such monthly maintenance from the date of filing of the petition, i.e. from 04.06.2009.
