ORDER

% 09.01.2024

1. The learned counsel for the petitioner in CRL.M.C. 2247/2023 submits that the impugned order dated 10.03.2023, passed by the learned Additional Sessions Judge, North West, Rohini Courts, in CA No. 125/2022 and CA No. 126/2022, specifically records in paragraph No. 5 that the respondent wife had claimed an amount of ₹4,82,873/- as monthly maintenance for herself and the two daughters, who were minors at the time of filing of the petition. The learned Additional Sessions Judge categorically recorded that the respondent wife in her first affidavit had specifically stated that her average monthly expense was ₹2.25 lakhs.

2. He submits that despite noting the expense of the respondent wife, the learned Additional Sessions Judge, by the impugned order dated 10.03.2023, had granted ₹9.75 lakhs per month as maintenance, which included ₹6.50 lakhs towards the maintenance of the two daughters and ₹3.25 lakhs towards the maintenance of the respondent wife.

3. The learned proxy counsel for the respondent wife requests for an adjournment on the ground that the main counsel, who is to address the submissions, is not available.

4. Subject to the petitioner husband depositing the entire arrears to be calculated on the maintenance at the rate of ₹2.25 lakhs per month, the proceedings before the Executing Court are stayed.

5. The petitioner husband is also directed to file an affidavit stating the manner in which he would secure the arrears of the maintenance, which would ultimately be payable in case this Court dismisses the petition, being CRL.M.C. 2247/2023, filed by him.

6. The parties are also directed to file a calculation indicating the amount of arrears of the maintenance, which would be payable in case the said petition filed by the petitioner husband is dismissed on the next date of hearing.

7. The learned proxy counsel for the respondent wife submits that there is no possibility of settlement between the parties.

8. The parties are, therefore, exempted from personal appearance on the next date of hearing.

9. List on 15.02.2024. AMIT MAHAJAN, J JANUARY 9, 2024 ‘SK’