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2014 DIGILAW 1427 (SC)

SHALU OJHA v. PRASHANT OJHA

2014-12-18

J.CHELAMESWAR, S.A.BOBDE

body2014
ORDER : 1. The application (Crl.MP.No.25026/2014) is filed with the prayer as follows:- "(a) Clarify that the direction made by this Hon’ble Court vide Judgment dated 18.9.2014 in the case titled Shalu Ojha Vs Prashant Ojha; that the maintenance order passed by the Magistrate be executed in accordance with law, has been duly complied with by the Respondent; (b) Clarify that the Sessions Court should forthwith proceed with the hearing in the Criminal Appeal No. 23/2012 titled Prashant Ojha Vs. Shalu Ojha filed by the respondent; and make appropriate orders after hearing the parties." Signature Not Verified Digitally signed by Om Parkash Sharma Date: 2014.12.18 By an order dated 18.9.2014, this Court is sued 17:21:11 IST certain directions, relevant portion of it reads as Reason: follows:- "We are of the opinion that the conduct of the respondent is a gross abuse of the judicial process. We do not see any reason why the respondent’s Petition Crl. MC No. 1975 of 2013 should be kept pending. Whatever be the decision of the High Court, one of the parties will (we are sure) approach this Court again thereby delaying the conclusion of the litigation. The interests of justice would be better served if the respondent’s appeal before the Sessions Court is heard and disposed of on merits instead of going into the residuary questions of the authority of the appellate Court to grant interim orders or the legality of the decision of the Sessions Court to dismiss the appeal only on the ground of the non-compliance by the respondent with the conditions of the interim order. The Criminal Appeal No. 23/2012 stands restored to the file of the Sessions Court. 2. We also direct that the maintenance order passed by the Magistrate be executed forthwith in accordance with law. The executing Court should complete the process within 8 weeks and report compliance in the High Court. We make it clear that such hearing by the Sessions Court should only be after the execution of the order of maintenance passed by the Magistrate. 3. In the event of the respondent’s success in the appeal, either in full or part, the Sessions Court can make appropriate orders regarding the payments due to be made by the respondent in the execution proceedings. 4. The appeal is disposed of accordingly." 5. 3. In the event of the respondent’s success in the appeal, either in full or part, the Sessions Court can make appropriate orders regarding the payments due to be made by the respondent in the execution proceedings. 4. The appeal is disposed of accordingly." 5. When the matter is taken up today, it is submitted by the learned counsel for the applicant(husband) that as the applicant is not in a position to make the payment of entire amount of maintenance dues which according to the applicant works out to be more than Rs. 1.5 crores and the applicant is detained in civil prison from 31.10.2014 therefore, the applicant prays that the applicant’s appeal against the order of maintenance be heard on merits by the Appellate Court. 6. Since the applicant has been detained in civil prison for non-compliance of the order of maintenance, we deem it appropriate to request the Addl. Sessions Judge, Rohini Court, Delhi before whom the appeal is pending, to consider the appeal of the applicant on merits and pass appropriate order in accordance with law expeditiously preferably within a period of six weeks from today. 7. Criminal Miscellaneous Petition is disposed of accordingly.