IMPORTANT POINT
Non-compliance with court orders and statements can disentitle a petitioner to relief.

JUDGMENT

Navin Chawla, J. (Oral)

CRL.M.A. 24246/2023 (exemption)

1. Allowed, subject to all just exceptions.

CRL.REV.P. 795/2022 & CRL.M.As. 24307/2022, 24245/2023

2. This petition has been filed under Sections 397/401 of the Code of Criminal Procedure, 1973 (in short, `Cr.P.C.'), challenging the Order dated 22.11.2021 passed in Execution Petition, being Ex.Crl.no. 621/2018; and Order dated 15.10.2022 passed in the Execution Petition, being Ex.Crl.no.91/2022, both titled Sabia Begum & Ors. v. Mohd. Shakeel by the learned Judge, Family Court, North-East District, Karkardooma Courts, Delhi (hereinafter referred to as the `Family Court').

3. The respondents had filed a petition under Section 125 of the Cr.P.C., being C.No.123/2008 (later re-numbered as Mt.No.344/2018), against the petitioner herein, seeking maintenance, alleging that the respondent no.1 is the wife of the petitioner, while the respondent nos.2 and 3 are their children. The petitioner denies the said relationship.

4. By an Order dated 03.04.2018, the learned Family Court directed the petitioner to pay maintenance of Rs.4,000/- per month to the respondent no.1 and Rs.3,000/- per month each to the respondent nos.2 and 3, along with the litigation expense of Rs.11,000/-. The petitioner challenged the said Order before this Court in the form of a revision petition, being Crl.Rev. Petition no.588/2018, titled Mohd. Shakeel @ Shakeel Ahmed v. Mst. Sabia Begum & Ors.. The same was dismissed by this Court vide its judgment and Order dated 28.01.2022.

5. In the meantime, the respondents filed an Execution Petition, being Ex.Crl.no.621/2018, claiming that an amount of Rs.11,91,000/- was due and payable as maintenance for the period from 26.11.2007 to 25.06.2018. Thereafter, another Execution petition, being Ex.Crl.no.91/2022, was filed by the respondent no.1 claiming that an additional amount of Rs.1,80,000/- had become due and payable from 26.06.2018 to 26.03.2022.

6. By the Impugned Order dated 22.11.2021, the learned Family Court was pleased to direct the petitioner to make the payment of arrears in monthly instalments of Rs.80,000/-.

7. The petitioner, by a subsequent Order dated 16.07.2022, was directed by the learned Family Court to file an affidavit of his income, assets, and liabilities.

8. By the Order dated 22.08.2022, the learned Family Court directed the parties to file a Valuation report from an approved MCD Valuer regarding the property bearing no.B-106, Ziyauddinpur, Delhi, which was in the occupation of the respondents. The petitioner claims that he has filed the said valuation report, which states that the value of the said property is around Rs.30 lacs.

9. On 15.10.2022, the learned Family Court by its Impugned Order, directed for issuance of the warrants of attachment against the movable assets of the petitioner, and in default, warrants of arrest against him.

10. The petitioner has challenged the Order dated 22.11.2021 and 15.10.2022 before this Court by way of the present petition.

11. This Court by its Interim Order dated 23.11.2022, recorded the offer made by the petitioner herein that he will be paying a sum of Rs.30,000/- per month, instead of Rs.80,000/- per month as directed by the learned Family Court, for clearing the arrears of maintenance. Based on the said statement and assurance, the operation of the Impugned Orders passed by the learned Family Court was stayed.

12. On 06.09.2023, on a complaint made by the respondents that the Order dated 23.11.2022 is not being complied with, this Court directed the Family Court to proceed with the execution filed by the respondents in accordance with law.

13. The learned counsel for the petitioner submits that the petitioner is disputing the claim of marriage of the respondent no.1 with the petitioner. He submits that the petitioner is also disputing that the respondent nos.2 and 3 are the children born from the alleged wedlock. He submits that he has filed an application seeking the DNA test of the children. He further