* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 17^th DECEMBER, 2024 IN THE MATTER OF:

+ CRL.M.C. 2011/2022 & CRL.M.As. 8541/2022, 13816/2024 SURINDER MOHAN & ORS. .....Petitioners Through: Mr. Shrey Sharawat, Mr. Nitish Ojha, Mr. Archit Singh, Ms. Ishita Misra, Mr. Himanshu Sihag & Mr. Shubham Dular, Advocates.

versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State.

Ms. Parul Dureja, Mr. Rajan Chutani and Mr. Ashish Agarwal, Advocates for R-2.

Mr. Manik Dogra (Amicus Curiae) with Mr. Dhruv Pande, Mr. Imon Bhattacharya, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

1. The challenge in this petition is to the Order dated 28.05.2016 passed by the Ld. Additional Principal Judge, Family Courts (West), Tis Hazari Courts, Delhi by which the Ld. Principal Judge has directed that a complaint under Section 195 Cr.P.C be sent to the Ld. CMM. The challenge is also to the Order dated 06.08.2016 passed by the Ld. CMM (West), Tis Hazari Court, Delhi by which summons have been issued to the Petitioners for offences punishable under Sections 173/176/177/181/187/191 IPC.

2. The facts, in brief, leading to the filing of the present petition are that vide Order dated 23.06.2011 the Ld. MM (Mahila Court), West District, Tis Signature Not Verified Digitally Signed CRL.M.C. 2011/2022 Page 1 of 16 Hazari Courts, Delhi in Maintenance Petition No.932/2001, has awarded a sum of Rs. 35,000/- per month to Respondent No.2 herein/Mrs. Ritu Mahey as maintenance from her husband/Mr. Dinesh Kumar Mahey. It is stated that since the amount was not being paid. The Respondent No.2 filed an Execution Petition No.125/11/2012 in Court of Ld. M.M., seeking execution of the Order dated 23.06.2011. It is stated that since the whereabouts of the husband/Mr. Dinesh Kumar Mahey was not known, the Ld. M.M. vide Order dated 08.05.2013 had directed the Ministry of External Affairs (MEA) to find the whereabouts of the husband/Mr. Dinesh Kumar Mahey. Material on record shows that another Execution Petition 283/2014 (subsequently numbered: 59275/2016) was filed before the Ld. Additional Principal Judge, Family Courts, West District, Tis Hazari Courts, Delhi again seeking execution of the of the Order dated 23.06.2011.

3. The Respondent No.2 filed an application in the Execution Petition No. 59275/2016 by which the family members of the husband/Mr. Dinesh Kumar Mahey were sought to be impleaded. The family members of the husband/Mr. Dinesh Kumar Mahey are the Petitioners in the present petition. The Ld. Family Court dismissed the said application vide Order dated 31.03.2014. However, by the very same Order, the Ld. Family Court had directed the Respondent No.2 to file a Complaint under Section 156(3) Cr.P.C read with Section 200 Cr.P.C. It is pertinent to mention that the said Order dated 31.03.2014 is not on record.

4. Material on record further indicates that Respondent No.2, thereafter, filed an application under Section 179 CPC read with Section 10 of the Family Courts Act, 1984, before the Ld. Family Court alleging that the Petitioners herein have knowingly furnished false information and have Signature Not Verified Digitally Signed CRL.M.C. 2011/2022 Page 2 of 16 withheld information about the whereabouts of her husband/Mr. Dinesh Kumar Mahey from MEA officials. It is pertinent to mention that though the said application is not on record, however, an annexure to the counter affidavit filed by Respondent No.2 in the present petition contains the reply filed by the Petitioners herein opposing the said application denying that they have not furnished any false information nor have they withheld any information about the whereabouts of the husband of Respondent No.2 from MEA officials. The Ld. Family Court on 28.05.2016 heard the application and held that the Family Court does not have the jurisdiction to proceed against the family members of the Judgment Debtor (husband/Mr. Dinesh Kumar Mahey) and directed that a