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03.01.2024

1.

The petitioner has filed the present Revision Petitions

challenging ex-parte judgment dated 08.05.2020, passed by the

learned Trial Court in Mt.No.614/2017, whereby the petitioner

was directed to pay a maintenance of ₹7,500/- per month to

Respondent No. 1. The petitioner has also impugned the orders

dated 23.02.2021, 06.03.2021 and 02.08.2023, passed by the

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Page 2 of 3

learned Trial Court in Execution Petition No.77/2020, whereby

the amount lying in the petitioner’s pension account was

attached.

2.

The learned counsel for the petitioner submits that the

impugned order dated 08.05.2020 was passed ex-parte and the

petitioner became aware of the passing of the said order only

when his pension was attached pursuant to the orders dated

23.02.2021, 06.03.2021 and 02.08.2023, passed in Execution

Petition No. 77/2020, arising out of the said impugned judgment

dated 08.05.2020.

3.

He submits that the learned Trial Court has passed the

impugned judgment dated 08.05.2020 without ascertaining

whether the respondent was ever married to the petitioner.

4.

He submits that Respondent No. 1 was hired by the

petitioner way back in 1990s to take care of his ailing wife. He

also relies upon Form-5, issued under Rule 7 of the CCS

(Commutation of Pension) Rules, 1981, in relation to the

communication of the nominee of the pensioner, wherein a

categorical declaration has been made that the wife of the

petitioner had expired on 22.10.2005.

5.

He further submits that the pension of the petitioner has

been attached contrary to the provisions of Section 60(1)(g) of

the Code of Civil Procedure, 1908, which categorically provides

that the stipends and gratuities allowed to pensioners of the

government, shall not be liable for attachment.

6.

Issue notice.

7.

Mr. Rakesh Sachdeva, Adv., who appears on advance

service, accepts notice on behalf of Respondent No. 1. He

submits that he will file his Vakalatnama within a period of one

week. Let the same be done before the next date of hearing.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/01/2024 at 18:24:40

Page 3 of 3

8.

He further submits that Respondent No. 1 is an illiterate

woman, and does not have the marriage certificate as the same is

in the custody of the petitioner. He further submits that

Respondent No. 1 also has two children out of the wedlock with

the petitioner.

9.

He submits that he will place on record the birth

certificates of the children which clearly mention the petitioner’s

name as the father.

CRL.M.A. 26843/2023 in CRL.REV.P. 1040/2023

CRL.M.A. 31079/2023 in CRL.REV.P. 1223/2023

10.

Learned counsel for the petitioner, without prejudice to the

petitioner’s rights and contentions, volunteers to pay a sum of

₹10,000/- every month from the date to Respondent No. 1. He

further submits that the sum of ₹10,000/- for the month of

January, 2024 would be paid to Respondent No. 1 within a period

of one week from the date.

11.

In view of the above, the operation of the impugned

judgment dated 08.05.2020, is stayed till the next date of hearing.

The proceedings pending before the Execution Court in

Execution Petition No. 77/2020, are also stayed till the next date

of hearing.

12.

The orders dated 23.02.2021, 06.03.2021 and 02.08.2023,

passed in Execution Petition No. 77/2020 attaching the pension

of the petitioner are also suspended till the next date of hearing.

13.

Respondent No. 2 is directed to release any amount, which

has been attached pursuant to the aforesaid orders passed by the

Trial Court, in favour of the petitioner.

14.

List on 22.04.2024.

AMIT MAHAJAN, J

JANUARY 3, 2024/‘SK’

This is a digitally signed order