IN THE COURT OF LD. PRINCIPAL FAMILY JUDGE, NEW DELHI DISTRICT, PATIALA HOUSE COURT. NEW DELHI HMA PETITION NO 960 OF 2022, IN THE MATTER OF:- SH. AMIT KATYAL PETITIONER VERSUS SMT. HENNA ALAGGH ...RESPONDENT INDEX S.NO | PARTICULARS | PAGE No. 1. APPLICATION ON BEHALF OF \- 4 RESPONDENT UNDER SECTION 28A OF THE HINDU MARRIAGE ACT, 1956 R.W. SECTION 18 OF THE FAMILY COURTS ACT, 1984 AND ORDER XXI | RULE 94 OF THE CIVIL PROCEDURE CODE, 1908 SEEKING EXECUTION OF ORDER DATED 01.12.2023 ALONG | WITH SUPPORTING AFFIDAVIT 2, |Annexure A-l THE COPY OF ORDER |g -F DATED 01.12.2023, PASSED BY THE LEARNED FAMILY COURT, PATIALA HOUSE COURT IN HMA NO. 960 of 2022 THROUGH os Ags SNJ PART ERS COUNSEL FOR THE APPLICANT L-18, LGF, LAJPAT NAGAR- I, NEW DELHI - 110024 PHONE: 011 - 40157169 PLACE: NEW DELHI DATE: 10.2.2024at IN THE COURT OF LD. PRINCIPAL FAMILY JUDGE. NEW DELHI DISTRICT, PATIALA HOUSE COURT. NEW DELHI HMA PETITION NO 960 OF 2022 IN THE MATTER OF:- SH. AMIT KATYAL PETITIONER VERSUS SMT. HENNA ALAGGH ..-RESPONDENT APPLICATION ON BEHALF OF RESPONDENT UNDER SECTION 28A OF THE HINDU MARRIAGE ACT, 1956 R.W. SECTION 18 OF THE FAMILY COURTS ACT, 1984 AND ORDER XXI RULE 94 OF THE CIVIL PROCEDURE CODE, 1908 SEEKING EXECUTION OF ORDER DATED 01.12.2023 MOST RESPECTFULLY SHOWETH: 1. That the instant application is preferred by the Applicant/Respondent to direct the Petitioner to comply with the order dated 01.12.2023 passed by this Hon’ble Court. The copy of order dated 01.12.2023 is annexed as Annexure A-1, 2. That the Petitioner and Respondent got married on 17.02.2022, that took place at Hotel Leela, Chanakyapuri, according to Hindu Rites and Ceremonies. 3, That the Petitioner is a renowned liquor baron and real estate developer in Delhi NCR and owns several properties as well as lavish homes and nearly 15 cars. The Respondent leads a very2 opulent lifestyle and belongs to a wealthy and powerful family. That the Petitioner admittedly has been depositing substantial amounts in the account of the Petitioner for her monthly upkeep and maintenance and a total amount of Rs. 92,50,000 was deposited in the period February 8, 2022 till August 16, 2022. That the Respondent has not received any payment from the Petitioner after the month of August, 2022 from the Petitioner and is facing financial and mental hardships. The Applicant/Respondent is completely dependent upon the Petitioner for her sustenance and has no income or source of revenue. Respondent has also filed the Income Affidavit, however, the Petitioner has till date not filed the income affidavit, in utter and willful defiance of order dated 01.12.2023. That the Respondent/Applicant herein had therefore preferred maintenance u/s 125 CrPC, which was registered as MT 140 of 2023 wherein the Hon’ble Court was pleased to grant the maintenance to the Respondent/Applicant herein vide order dated 04.09.2023 and directed the Petitioner to pay Rs. 1 Lakh per month as ad- interim maintenance with effect from September, 2023 till disposal of the interim maintenance3 application. The Petitioner with a view to prolong litigation challenged the order dated 04.09.2023 in CRL.REV. P. 1024/2023 before the Hon'ble Delhi High Court and the Hon’ble High Court vide order dated 19.10.2023 granted stay on the operation of the order dated 04.09.2023 till further hearing. That the Respondent/applicant also filed an application u/s 24 of Hindu Marriage Act, 1955 in the instant case seeking ad-interim maintenance. This Hon’ble Court vide order dated 01.12.2023 allowed the Application for ad- interim maintenance u/s 24 of Hindu Marriage Act, 1955 filed by the Respondent/Applicant herein. The relevant portion of the order dated 01.12.2023 is reproduced herein below: “However, keeping in view the status of parties as pleaded by the petitioner himself which has been duly noted by this court in the order dated 06.04.2023, petitioner is hereby directed to pay a sum of Rs. 1,00,000/- per month as an ad-interim maintenance with effect from this month towards the maintenance of Respondent till further orders. The aforesaid amount shall be paid by Petitioner by the 10" day of every month.”10. il. 12. 4 ‘That the Petitioner has not made any payment to the Respondent/Applicant for her maintenance even after passing of the order dated 01.12.2023, which has caused immense financial and mental hardships to the Respondent/ Applicant herein. That the Applicant/Respondent has no independent source of Income and has always been financially dependent on the Respondent to maintain herself. The Petitioner is malafidely and willfully contravening this Hon’ble Courts order and is neither filing income affidavit nor is he paying maintenance. This application is bona fide & made in the interest of justice. That the Respondent has a prima facie favorable case on merits. Further grave and irreparable prejudice would be caused to Respondent if this application is not allowed. PRAYER That in the facts and circumstances mentioned hereinabove it is therefore, most respectfully prayed that this Hon’ble Court may:- Allow the present application and direct the Petitioner to pay the maintenance amount as awarded by this Hon’ble Court vide order dated 01.12.2023.5 b, Pass an order directing that the Petitioner be detained in civil prison for non-obedience of the order dated 01.12.2023 c. Pass an order for attachment of all properties of the Petitioner. d. Pass any other order which this Hon’ble Court may deem fit and proper in the interest of justice. Heme AO” APPLICANT THROUGH foswcat SNJ & PARTNERS COUNSEL FOR THE APPLICANT L-18, LGR, LAJPAT NAGAR- IIT, NEW DELHI - 110024 PHONE: 011 - 40157169 PLACE: NEW DELHI DATE:10.2.2024IN THE COURT OF LD. PRINCIPAL FAMILY JUDGE, NEW DELHI DISTRICT, PATIALA HOUSE COURT, NEW DELHI MAINTENANCE CASE NO. 960 OF 2022 IN THE MATTER OF:- SMT. HENNA ALAGGH .-PETITIONER VERSUS: SH. AMIT KATYAL «RESPONDENT AFFIDAVIT I, Henna Alaggh, D/o Sh. Pradeep Alaggh, aged about 34 years old, Currently R/O Krrish Provence Estate, Tower B, 1902, Gwal Pahari, Sector 2, Gurgaon, Haryana, presently in Delhi, do hereby solemnly affirm and declare as under: 1. That I] am the Applicant in the in the aforesaid case am well conversant with the facts and facts and circumstances of the case am competent to swear the present affidavit. 2. That I have gone through and understood the URE > contents of the accompanying Application rhich are true and correct to my knowledge, < the legal submissions made therein are ip /B flieved to be true and correct on legal advice Sfeceived. 3.1 further state that the contents of the accompanying Application may be treated as a part of this affidavit as if the same have been incorporated herein.denna Abagtr DEPONENT VERIFICATION: Q FEB 2024 Verified at New Delhi, on this .. "that I, the abovenamed Deponent, do hereby verify that the contents of the above affidavit are true and correct, and nothing material has been concealed therefrom. Nor, any part of it is false. HE exis sa mone on cnn, DEPONENTANNEXURE HMA 960/22 AMIT KATYAL Vs. HENNA ALAGGH 01.12.2023 Present: Ms. Radhika Gupta, Ld. Counsel for the petitioner Sh. Prosenject Banerjee, Ld. Counsel for the respondent with respondent in person, Respondent has filed reply to application filed by petitioner under Order 6 Rule 17 CPC. Copy supplied ‘Today, matter is listed for disposal of applications of parti however, Ld. Counsel for petitioner secks adjournment submitting that she has not been able to get in touch with the petitioner as he is in judicial custody. Ld. Counsel for respondent submits that application of respondent w/s 24 of HMA is pending long for adjudication an till date respondent has not filed his income affidavit despite direction, even if respondent was taken into judicial custody, that was only a recent incident whereas he was required to file his income affidavit long ago. Ld, Counsel for respondent submits that at least ad-interim ‘maintenance be awarded. Ld. Counsel for petitioner requests for some time submitting that Petitioner is in JC. She further submits that there is no urgency to pass ad- interim maintenance at this stage as respondent is having @ sum of Rs, 92 lakhs given by the petitioner@ ‘The submission of Ld. Counsel for petitioner is not sustainable in View ofthe pleading of the petitioner himself wherein he has claimed that ‘espondent has purchased Mercedes out of the said Rs, 92 lakhs, Although there is no convincing ground pleeded for grant adjournment 0 counsel of petitioner for fling the income affidavit of Petitioner but in any case keeping in mind the interest of justice, petitioner is Permitted to file his income on or before the next date of hearing with advance copy to opposite side. However, keeping in view the status of parties as pleaded by the Petitioner himself which bas been duly noted by this Court in the order dated 96.04.2023, petitioner is hereby directed to pay a sum of Re, 1,00,000/- per ‘month as an ad-interim maintenance with effect from this month towards the maintenance of respondent till further orders. The aforesaid amount shall be Paid by petitioner by the 10" day of every month. Put up for disposal of application under Order 6 Rule 17, filing of income affidavit by respondent/further Proceedings on 15.02.2024, Both parties are directed to appear in person on the next date of hearing for exploring the possibility of settlement, KUMAR) ATTESTED Hcanew Damion ian 13 DEQ) 2023