IN THE COURT OF LD.
METROPOLITAL MAGISTRATE,
SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI
APPLICATION NO. _________ OF 2024
IN
EX CRL No.: 320/2023
IN THE MATTER OF:
Gargi Meena …Complainant/Applicant
versus
Himmat Singh …Respondent
INDEX
S. NO PARTICULARS PAGE NO.
1 APPLICATION UNDER SECTION 25 (2) OF
PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT, 2005 FOR REVOCATION OF
1-5
ORDER DATED 03.03.2023 PASSED BY THIS
HON’BLE COURT IN CT CASE BEARING NO. 685 OF
2021 TITLED AS “GARGI MEENA VS HIMMAT
SINGH & ORS.”
2 ANNEXURE R 1 (COLLY)
COPY OF THE RECEIPTS OF THE PAYMENTS 6-26
MADE BY THE RESPONDENT
PLACE: NEW DELHI Filed by the Respondent
DATE: 30.05.2024 Through
(MANISH GUPTA, DEEPTI VERMA, PARTH PARAS MANI)
ENROLL NO. D-2536/2014, UP-12662/2021, D-12292/2022)
ADVOCATES
B-8/24, LGF, VASANT VIHAR, NEW DELHI – 110 057
EMAIL: advocatemanishguptaindia@gmail.com,
Mobile No. - +91-9811402142
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IN THE COURT OF LD. METROPOLITAL MAGISTRATE,
SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI
APPLICATION NO. ________ OF 2024
IN
EX CRL No.: 320/2023
In the matter of:
Gargi Meena …Complainant/Applicant
Versus
Himmat Singh ….Respondent
APPLICATION ON BEHALF OF RESPONDENT UNDER SECTION 25 (2) OF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 FOR
REVOCATION OF ORDER DATED 03.03.2023 PASSED BY THIS HON’BLE
COURT IN CT CASE BEARING NO. 685 OF 2021 TITLED AS “GARGI
MEENA VS HIMMAT SINGH & ORS.”
Most Respectfully Showeth:
1. That the Complainant preferred an application u/s 12 r/w Section 17,
18, 19, 20, 22 and 23 of the Protection of Women Against Domestic
Violence Act, 2005 with an application for interim maintenance u/s 23
under the said Act on 31.03.2021.
2. That the aforesaid application came up for hearing on 01.04.2021 and
finally the Respondent was issued summons and pursuant to the same,
the Respondent filed a detailed reply on 19.12.2022 defying the
allegations levelled against the Respondent by the Complainant. Copy
of the reply filed by the Respondent on 19.12.2022 is already on record
and is not reproduced for the sake of brevity.
3. That this Hon’ble Court vide Order dated 03.03.2023 directed the
Respondent to pay an amount of Rs. 39,000/- towards maintenance of
the Complainant and her two minor children (Inclusive of food, clothing,
shelter, education and health) with effect from the date of filing of the
present case till the disposal of the case. Copy of the interim order dated
03.03.2023 is already on record and hence not reproduced.
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4. That it is a matter of record that the Respondent is maintaining all the
expenses of the Complainant and his children since the date of
lodgement of the complaint and there is no occasion that such expenses
with respect to food, clothing, shelter, education and health and is in
strict compliance of the Order dated 03.03.2023. Copy of the some of
the payments for which receipts are readily available are placed on
record as Annexure R-1 (colly).
5. That the Complainant is presently residing with the Respondent along
with two children of the contesting parties.
6. That it is a matter of record that the bank statements of the Respondent
and various other documents like fee receipts of the school, medical
expenses of the wife clearly exhibits that the Respondent is taking
utmost care of the Complainant and the two children and hence the
interim order dated 03.03.2023 is being well taken care of.
7. That there is no occasion at the instance of the Complainant that the
expenses for which the maintenance was sought has been compromised
and accordingly, the directions issued in the Order dated 03.03.2023
are complied with in the light of the judgment of the Hon’ble Supreme
Court of India “Kalyan Dey Chowdhury Vs. Rita Dey Chowdhary AIR
2017 SC 2383”.
8. That the intention and rationale of the aforesaid Act is that during any
acrimony or dispute between the husband and wife in which the Spouse
is able to demonstrate a case of domestic relationship subject to
domestic violence, interim maintenance is available u/s 23 of the
aforesaid Act.
9. That under the peculiar circumstances of the instant case, in which it
is apparent that the Complainant wife and the two children are being
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fully taken care of and are residing with the Respondent, it is apparently
clear that the Respondent is in deemed compliance of the Order dated
03.03.2023.
10. That under the circumstances, the Respondent urges this Hon’ble
Court to kindly keep the Order dated 03.03.2023 is abeyance and revist
the same on the basis of the present information which clearly shows
that all the members of the family including the children are being fully
taken care of by the Respondent.
11. That the Respondent undertakes to abide by the directions of this
Hon’ble Court and ensure that the Complainant and the Children shall
be taken care of.
PRAYER
Therefore, in view of the aforesaid facts and circumstances, it is requested
that the Hon’ble Court may kindly be pleased to:
a. Issue appropriate directions to revoke the Order dated 03.03.2023
passed by this Hon’ble Court;
b. Issue any other Order/direction which this Hon’ble Court may deem
fit or proper in this regard on merits.
It is prayed accordingly
Date: 30.05.2024 Filed by Respondent
Place: New Delhi through
(MANISH GUPTA, DEEPTI VERMA, PARTH PARAS MANI)
ENROLL NO. D-2536/2014, UP-12662/2021, D-12292/2022)
ADVOCATES
B-8/24, LGF, VASANT VIHAR, NEW DELHI – 110 057
EMAIL: advocatemanishguptaindia@gmail.com
Mobile No. - +91-9811402142
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