Kiran Jyot Maini vs Anish Pramod Patel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5519

SWARANA KANTA SHARMA
Kiran Jyot Maini – Appellant
Versus
Anish Pramod Patel – Respondent

Advocates appeared:
Mr. Gaurav Bhatia, Senior Advocate with Mr. Utkarsh Jaiswal, Mr. Vikas Tiwari, Ms. Shubhangi Negi & Mr. Pawan Shree Agrawal, Advocates, for the Petitioner.
Mr. Prabhjit Jauhar,Mr. Gautam Panjwani, Mr. Neeraj Jain & Ms. Himanshi Nagpal, Advocates, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J. - By way of this petition filed under Article 227 of Constitution of India and Section 482 of Code of Criminal Procedure, 1973 (`Cr.P.C.'), the petitioner-wife seeks appropriate directions in Ct. Case Nos. 691 of 2022 and Case No. 882 of 2022 pending before learned Metropolitan Magistrate (Mahila Court)-01, Tis Hazari Courts, Central, New Delhi. The petitioner prays for following reliefs:

"(a) Direct the Respondent to pay the maintenance as directed by Ld. Additional Sessions Judge vide order dated 01.02.2019 including arrears;

(b) Direct attachment of bank accounts of the Respondent as detailed in para 38 above so that necessary compliance can be made.

(c) In the alternative, direct Ld. MM (Mahila Court)-01, Tis Hazari, Central, New Delhi to issue necessary directions regarding the interim maintenance in Ct. Case nos. 691 of 2022 and 882 of 2022 finally on the next date of hearing i.e., 28.01.2022 without any adjournment."

2. Facts of the present case are that the marriage between the petitioner-wife and respondent-husband was solemnized on 30.04.2015 and subsequently, an FIR bearing no. 34/2016 was registered on the complaint of petitioner at Police S