IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(CRL. JURISDICTION)

Crl. Misc. Main no.   of XXXX

IN THE MATTER OF:-

XXXXXXXX & Anr                                                           ….Appellant

                                           V/s

The State of XXXXXXX & Ors                                                                   …Respondent

I N D E X

   1.   Application for Urgent Hearing

   2.   Notice of Motion

   3.   List of Dates and events

   4.   Memo of Parties

   5.  Appeal u/s 397 Cr.P.C against impugned Order dated XX.XX.XXXX of Sh. XXXXXXXXX, Ld. Session Judge, Sh. XXXXXXXXXX. Saket courts, Delhi along with Affidavit in support of Appeal

    6.  Application for stay of operation of impugned order XX.XX.XXXX

    7.  Affidavit in support of application for stay

    8.  Certified copy of Impugned order dt: XX.XX.XXXX.

    9.  Application U/s 482 for Exemption with Affidavit  

   10. Vakalatnama     

____________________________________________________________

Date:                                                                                        Appellant

Delhi                                                           Through

Counsel

(XXXXXXXX & Associates)

Office No X, XXXXXXXX,

                                                Delhi-XX,

 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(CRL. JURISDICTION)

(Crl. Misc. Main no. of XXXX)

IN THE MATTER OF

XXXXXXXX                                                                   ….Appellant

        Versus

The State of XXXXXXXXX & Ors                            ….Respondents

URGENT APPLICATION

To,

The Registrar,

Hon’ble High Court of Delhi,

New Delhi.

Sir,

Would you be kindly treat the accompanying appeal as an urgent one in accordance with the High court rules and orders and the Ground of urgency is that the appellant is unnecessarily harassed by the respondent No.2, whereas he is not capable to pay that much amount and Respondent No.2 is earning very well and fabricated the documents of appellant and produce before the LD.MM Court.

Thanks

New Delhi

Dated:  

(XXXXXXXXXXX & Associates)

Advocate for Petitioner

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(CRL. JURISDICTION)

Crl. Misc. Main no. of XXXX

IN THE MATTER OF

XXXXXXXXX                                                                 ….Appellant

        Versus

The State of XXXXXXX & Ors                                    ….Respondent

NOTICE OF MOTION

Sir/Madam,

The enclosed Misc. main Appeal in the aforesaid matter is being filed on behalf of appellant and the same is likely to be listed on XX.XX.XXXX or any other date thereafter, before the Hon’ble High court of Delhi at New Delhi.

Please acknowledge the receipt of complete set of the said petition, please notice according.

Thanking you.

New Delhi

Dated:                                    

Counsel

(XXXXXXXXXX & ASSOCIATES)

Advocate for Petitioner

Office no. X, XX, Delhi, Mob: XXXXXXXXX

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(CRL. JURISDICTION)

(Crl. Misc. Main no. of XXXX)

IN THE MATTER OF

XXXXXXXXXXX                                                            ….Appellant

        Versus

The State of XXXXXXXXXX & Ors                          ….Respondents

MEMO OF PARTIES

Sh. XXXXXXXXXX

S/o Late Shri XXXXXXXXXXXXX

R/o X-X, XXXXXXXX, Gujrat                                         …..Appellant

VERSUS

1.       State of NCT of Delhi

Through

Secretary of Delhi Govt

2.       Smt. XXXXXXXXXX,

W/o Sh. XXXXXXXX,

D/o Sh. XXXXXXXXXX,

R/o X-XXX, XXXXXXX, Delhi-XX                        ….Respondent

Appellant

Through

Place: Delhi

Date:

Counsel

(XXXXXXXXXX & Associates)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(CRL. JURISDICTION)

(Crl. Misc. Main no .of XXXX)

IN THE MATTER OF

XXXXXXXX                                                                   ….Appellant

        Versus

The State of XXXXXXXX & Ors                              ….Respondents

APPEAL UNDER SECTION 397 Cr.P.C, AGAINST THE ORDER DATED XX.XX.XXXX PASSED BY SH. XXXXXXXXXXX, ASJ-XX & SPECIAL JUDGE  (NDPS) SOUTH EAST,SAKET COURTS, DELHI.

MOST RESPECTFULLY SHOWETH:

1.            That the present Appeal has been filed against the order dated XX.XX.XXXX passed by Sh. XXXXXXXXXX, ASJ, Saket Courts Delhi in an appeal preferred by the appellant against order dated XX.XX.XXXX passed by the Ld. Court of Ms. XXXXXXXX, M.M, Saket Courts Delhi petition, whereby the appellant has been directed to deposit directly Rs. XXXXX/-per month towards an ad-interim maintenance Copy of the impugned order is annexed here with as ANNEXURE-A.

2.            That on XX.XX.XXXX Hon’ble Court of Sh. XXXXXXX, ASJ, Saket Courts, Delhi was pleased dismissed the Appeal was filed by the appellant against order dated XX.XX.XXXX passed by the Ld. Court of Ms. XXXXXXXX, M.M, Saket Courts, Delhi. Order dated XX.XX.XXXX is annexed here with as ANNEXURE-B.    

3.           That the appellant has not filed any similar appeal against the impugned order dated XX.XX.XXXX passed by Sh. XXXXXXXXXX, ASJ, Saket Courts Delhi ,before this Court or any other court.

4.           That the facts giving arise to the present appeal are as follows:

(a)          The marriage between the appellant and the respondent No.2 was solemnized on XX.XX.XXXX at Ahmedabad after courtship of XX months.  Prior to the marriage, they were engaged on XX.XX.XXXX at Ahmedabad. After the marriage the respondent and the appellant lived together and from this wedlock no child has born so far. The marriage which was arranged one and simple and there was no demand of dowry articles either at the time of marriage or even thereafter and whatever articles were given by her parents of their own wish and desire and the same remained in her own custody and possession of the respondent No.2.

(b)          The Respondent No.2 is a management graduate, having degree of B. Pharma, M.B.A was working in XXX, Bangalore at the time of marriage.  After marriage she changed her job (with increment & better job profile) for XXXXXXXX & she worked in XXXXXXXX as a Territory Manager, moved to Ahmedabad on X^th march, XXXX and it is also important to mention here that she showed in her details in the affidavit of Income & Expenditure which has been filed before the Ld. Court of Ms. XXXXXXXXXX in the Complaint U/s 12 of Protection of Women From Domestic Violence Act 2005, that she earned Rs. X,XX,XXX/-(Rs. XXX Lakhs XXXX thousands) since the marriage and it is also important to mention here that she admitted that she  was earning more than X lakhs per annum and also mentioned that she is having four bank accounts one is in XXXX Bank, XXXXXXX, XXXX Bank, XXXX, Chennai (Joint Account husband), XXXXX Bank, XXXXXXX, Mumbai, XXXXXX Bank, XXXX, New Delhi and respondent having Demat account, which is inactive from last X years but did not disclose how much amount is lying and how many shares are in the Demat account and admitted that she is having XXXXXXX life insurance policy premium paid Rs. X,XX,XXX/-(Rs. XXXX Lakh) also admitted that she is having Credit cards from the banks like XXXX Credit Card, with limit of Rs. X.X lakhs & XXXX & XXXXX Debit Cards, going to Gym & Dance classes etc, also she has narrated that she is residing at Govt officer’s flat (3 BHK) allotted to her father but it is not correct, respondent is residing at her parental home in Motera, Ahmedabad.

(c)          The once appellant and respondent with parents gathered at lawyer’s office at Ahmedabad and it was decided that both the parties shall not make any kind of claim or demand, compensation etc from each other.  But on the date when the said papers were to be signed and wanted to break marital relations and demanded divorce with a permanent alimony of Rs. XX lakhs, since the demand for divorce was made by Respondent No.2  and hostility has not only caused serious mental and financial hardship to the appellant.  In this way due to the said demand and unreasonable conduct of the Respondent No.2 and her parents, the said matter failed.

(d)          THAT the Respondent No.2 has been working since before marriage and also she worked after the marriage and it is admitted by the Respondent No.2 that she earned more than Rs. X.XX,XXX/- (Rs. XXXX lakhs & XXXXX thousands) and presently also gainfully working, earning handsomely and very well maintaining herself.  Thus the Respondent No.2 is not entitled to any maintenance as she has more than sufficient income for herself. The Respondent No.2 is a very well-educated B. Pharma, M.B.A, working in Publishing company.  The Respondent No.2 has wrongly alleged that she is not employed and has no means of income. The sole motive of the Respondent No.2 is to compel the Respondent No.2 for mutual divorce against payment of hefty amount to which the Respondent No.2 is legally and morally not entitled to.

(e)          That the appellant is working as trainee in M/s Jai hind Project with monthly remuneration of $ XXX/-Per month and the expenses are borne by the company i.e., accommodation (Shared), air tickets, fooding, lodging, and other expenses. It is also important to mention here that the appellant has joined M/s Jai Hind as trainee and it is also important to mention here that the appellant is not on the payroll of the company and his engagement with the company is on temporary basis and his remuneration is linked to need basis & training with the company.

4.       THAT the Respondent No.2 has initiated/instituted a false and fabricated petition in order to harass, humiliate and defame the respondent in the society.  The Respondent No.2 has caused utmost mental and physical cruelties, harassment, humiliation and torture to the appellant, whose life has been ruined and turned as hell and miserable.

5.       THAT the Respondent No.2 has willfully and intentionally withdrawn from the company and society of the appellant without any just and sufficient reasons and has refused to live with the appellant and as such the Respondent No.2 is not entitled to any maintenance.

6.       THAT the Respondent No.2 has not come to the Court with clean hands and has not stated true facts and concealed the true material facts from this Hon’ble Court. In this respect it is submitted that all the incidents and occasions as made out by the respondent are purely concoction, self-imaginary and highly unbelievable self-cooked up story of the Respondent No.2, beyond truth and substance and only reflect that how the Respondent No.2 and her family members spoiled the marital relations between the appellant and respondent and with their influence and dictating behavior the respondent and her family members tried to terrorize and harass the respondent and his family members. The Respondent No.2 herself and her family members are responsible for the fate of the marriage and in order to cover up their own wrongs and misdeeds they have leveled false and outrageous allegations against the respondent. In this way the Respondent No.2 and her family members of their own want to break marital relations of the parties.

7.       That Appellant filed a proper reply to the complaint petition along with reply to the application for ad-interim maintenance and described all ill motives of the Respondent No.2 and prepared the detailed income affidavit but certain things were incomplete since bank information and other information could not fill in the affidavit because the respondent was in Nigeria and could not have the communication with banks.

8.       The appellant is deeply attached with the Respondent No.2 and she is making pressure through false litigations to take mutual consent divorce because the appellant is not earning as much as she is earning/able to earn and as per her expectations.

10.     That the appellant is in great difficulty that he is getting only $XXX Per month and the order to pay XX,XXX/-Per month to the respondent also been tough on him where survival is also difficult in such a less earning.

11.     That the Ld. Court of M.M passed an order dated XX.XX.XXXX thereby directing the appellant to pay Rs. XX,XXX/- Per Month from the date of Order. The Ld. MM without considering the law and facts of this case passed the impugned order which is clearly illegal, unlawful, rash unjust and not sustainable And the appellant was filed appeal before Hon’ble court against the order dated XX.XX.XXXX passed by the Ld. MM and Hon’ble Court of Sh. XXXXXXXXXX, ASJ, Saket Courts, Delhi pleased dismissed the appeal on dated XX.XX.XXXX with subject to cost of Rs XXXX/-.

12.     That Feeling aggrieved from the aforesaid Impugned Order, the appellant preferred this appeal before this Hon’ble court against the order dated XX.XX.XXXX passed by the Hon’ble Court of Sh. XXXXXXXX, ASJ, Saket Courts, Delhi .

GROUNDS OF REVISION: -

1.           That the Ld. M.M and Hon’ble Court of ASJ, Saket Courts, Delhi also failed to appreciate the facts that the respondent has no locus standi to file the present matter as she is much qualified girl i.e., B. Pharma MBA, gainfully working with XXXXXX Publishing Pvt Ltd as Sr. Manager Marketing & Branding and earning handsomely.

2.           That the Ld M.M and Hon’ble Court of ASJ, Saket Courts, Delhi also failed to appreciate the fact that appellant is earning only $ XXX per month and the direction issued to pay Rs. XX,XXX/- per month is illegal and unsustainable.

3.           That the Ld M.M and Hon’ble Court of ASJ, Saket Courts, Delhi also failed to appreciate the affidavit of income and expenditure filed by the respondent in which she stated herself that she earned X,XX,XXX/- as income and also having four bank accounts with XXXX Bank (new Delhi), XXXX Bank (Chennai), XXXXX Bank (Mumbai) and XXXXX Bank (New Delhi). She is having a XXXXXX policy covering X,XX,XXX/- of Premium paid ,Laptop, I-pad , credit cards etc.

4.           That the Hon’ble court has not apply the judicial mind in passing the order that neither a single word in the complaint filed by respondent disclose the earning of the appellant nor the affidavit of income and expenditure is on record, Now the question arise how the Hon’ble court ascertain the income of appellant to pass the said order.

5.           That the Ld M.M failed to consider the fact in the order sheet that the respondent herself stated in her complaint that she is much capable not only to maintain herself even to provide luxurious life to other family members.

6.           That the Ld. M.M failed to appreciate the facts that this Hon’ble court does not have jurisdiction to entertain this petition as the marriage between the complainant and respondent was solemnized at Ahmedabad and they lived together as husband and wife at Ahmedabad and they never lived at Delhi and no alleged offence of domestic violence taken place at Delhi as per own story of the complainant.

7.           That the Ld MM failed to appreciate the Submissions of the counsel of appellant that due to some difficulty he could not collect the entire documents which are essential to file with the affidavit of income and expenditure but the ld. MM imposed the cost of Rs. XX,XXX/-whereas only on the last date Hon’ble MM directed to file the affidavit on Next date i.e., XX.XX.XXXX and on that day appellant affidavit was ready and he was filing the same but just only because of documents Hon’ble court imposed cost of Rs. XX,XXX/- which is unfair and injustice with the appellant.

8.           That it is very unfair that Ld. MM that without disposing off the interim application Hon’ble Court fixed an Interim Maintenance of Rs. XX,XXX/- per month.

9.           That the Ld M.M has gone beyond the pleadings, documents and the material on record and failed to appreciate the facts that appellant is not capable to pay the maintenance of Rs. XX,XXX/- per month and respondent is very well-educated girl & also it is also important to mention here that prior to marriage the respondent was also earning and also earning presently and enjoying  the life and not entitled to get the maintenance of Rs. XX,XXX/- Per month.

10.        That the Hon’ble Court of ASJ, Saket Courts, Delhi failed to appreciate the affidavit of income and expenditure filed by the appellant before the Hon’ble Court and mentioned specifically in his income affidavit that appellant is earning only $ XXX per month.

11.        That the Hon’ble Court of ASJ, Saket Courts, Delhi failed to appreciate the Submission of the counsel of appellant that appellant is not able to pay XX,XXX/- per month as ad-interim maintenance to respondent as per the order of the Ld. M.M, Saket Courts, Delhi because appellant is earning only $ XXX per month.

12.        That the Hon’ble Court of ASJ, Saket Courts, Delhi failed to appreciate the submissions of the counsel of appellant and also failed to decide on merit and pleased dismissed the appeal filed by the appellant with subject to cost of Rs. XXXX/-.

P R A Y E R

It is, therefore, most humbly and respectfully prayed that this Hon’ble Court may be pleased to;

(1)  allow this Appeal and set aside/quash/struck down the Impugned order dated XX.XX.XXXX passed by Sh. XXXXXXXXXX, ASJ, Saket Courts Delhi in petition U/s 12 PWDV Act in the interest of justice the records/file of the original case, may be called from the court by Ms. XXXXXXX, M.M, Saket Courts Delhi  in the interest of justice.

(2)  Any other order/ orders which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

Date:                                                                              Appellant

Place:                                                 Through

Counsel

(XXXXXXXXX & Associates)

Office no. X, XXXXXXX, Delhi-XX

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(CRL. JURISDICTION)

Crl. Misc. Main no.   of XXXX

IN THE MATTER OF:-

XXXXXXXXXX & Anr                                                     ….Appellant

                                           V/s

The State of XXXXXXX & Ors                                    …Respondent

AFFIDAVIT

I, XXXXXXXX W/o Sh. XXXXXXXXX D/o Sh. XXXXXX aged-XX years R/o X-X, XXXXXX, New Delhi, at present at Delhi, do hereby solemnly affirm and state as under:

1.   That the deponent is the appellant in the above noted appeal and well conversant with the facts of the case and competent to swear the present affidavit.

2.   That the contents of accompanying appeal U/s 397 Cr.P.C has been drafted by my counsel under my instructions and the contents of the same has been read over to me in vernacular and understood and the same are correct and the same may be read as part and parcel of the present affidavit and have not been repeated herein for the sake of brevity.

3.   That the annexure is the true copy of the original.

4.   That no other similar petition seeking the prayer in the accompanied appeal has been filed in Hon’ble Court or in the Hon’ble Supreme Court of India.                                                                                                              DEPONENT

VERIFICATION:

I, the above-named deponent, do hereby verify at New Delhi on this the day of   XXXX, XXXX that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed there from. 

DEPONENT

IN THE COURT OF DISTRICT AND SESSION JUDGE SAKET COURTS DELHI

Case:       /XXXX

Sh. XXXXXXXXXX                                                         ….Appellant

                                           V/s

Smt. XXXXXXXXX                                                         …Respondent

APPLICATION FOR STAY OF OPERATION OF THE IMPUGNED ORDER PASSED BY THE LD. M.M DELHI ON XX.XX.XXXX

MOST RESPECTFULLY SHOWETH:

1.         That the above revision has been filed before this Hon’ble Court and the same is pending adjudication.

2.         That the appellant has filed the above revision, which is pending before this Hon’ble court the contents of the revision petition be kindly treated as part of this application as the same are not repeated her again for the sake of brevity and to save the precious time of this Hon’ble Court.

3.         That the appellant has a very good prima facie case in their favor and there is every likelihood of setting aside/quashing strucking down the impugned order dated XX.XX.XXXX.

4.         That the balance of the convenience is in favor of the appellant and against the respondent.

5.         That if the impugned order dated XX.XX.XXXX is not stayed then the revision of the appellant will become in fructuous and the appellant will suffer irreparable loss and injury.

6.         That an affidavit in support of this application is also attached herewith.

P R A Y E R

It is therefore, most humbly and respectfully prayed that the operation of impugned order dated XX.XX.XXXX passed by Ms. XXXXXXX M.M, Saket courts Delhi petition u/s 12 PWDV Act allowing application for ad-interim maintenance of the respondent and directing the appellant to pay Rs. XX,XXX/- per month , be kindly stayed till the final decision of the main revision in view of the above facts and circumstances and in the interest of justice. The records of the Ld. Trial Court also be kindly summoned/ called for in the interest of justice.

Date:                                                                                       Appellant

Place: Delhi

Through

Counsel

(XXXXXXXXX & Associates)

Office no X, XXXX, Delhi-X

Mob: XXXXXXXX

IN THE COURT OF DISTRICT AND SESSION JUDGE SAKET COURTS DELHI

Case:       /XXXX

Sh. XXXXXXXXXXX                                                      ….Appellant

                                           V/s

Smt. XXXXXXXXXX                                                  …Respondent

AFFIDAVIT

I, Sh. XXXXXXXX, S/o Late Shri XXXXXXXX, R/o X-X, XXXXXXXXX, Gujrat, do hereby solemnly affirm and declare as under:

1.           That the Deponent is the appellant in the present revision and is well conversant with the facts and circumstances of the case.

2.           That the accompanying application has been prepared drafted and filed under instructions of deponent and the contents of the same are true to my knowledge and belief.

                                                            DEPONENT

VERIFICATION:

I, the above deponent, verify on this the      day of XXX XXXX at Delhi that the contents of paras no. 1 and 2 of this affidavit are true to my knowledge and no part of it is false.

                                                               DEPONENT