LAWS(DLH)-2010-7-117

SUJATA AGGARWAL Vs. RAVI SHANKAR AGGARWAL

Decided On July 15, 2010
SUJATA AGGARWAL Appellant
V/S
RAVI SHANKAR AGGARWAL Respondents

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for quashing of orders dated 23.09.2008 and 24.02.2010 passed by the learned Metropolitan Magistrate in a petition filed by the petitioner under Section 125 of the Cr.PC for maintenance.

(2.) Vide order dated 23.09.2008, the application filed by the petitioner in September, 2008 praying inter alia for summoning of witnesses was dismissed, while granting liberty to the petitioner to lead evidence by way of affidavit. Pertinently, till date the petitioner has not taken any step to assail the aforesaid order before a superior court. Instead, trial in the matter is stated to have been completed some months ago and as per the counsel for the respondent, it is listed for orders today.

(3.) By the second order dated 24.02.2010, the request of the counsel for the petitioner for staying the proceedings pending before the Metropolitan Magistrate on the ground that proceedings in the connected case filed by the daughter of the petitioner were stayed by the High Court vide order dated 22.02.2010 passed in Crl.M.C. No.1323/2009, was declined on the ground that there was no stay granted by the High Court in respect of the present proceeding and that the same was the main case.