SOUMITRA KUMAR NAHAR Vs. PARUL NAHAR

JUDGEMENT

(1.) This petition is filed by the petitioner/husband seeking quashing of the order dtd. 26/2/2021 and the maintenance petition under Sec. 125 Cr.P.C. pending adjudication before the learned Family Court, South East, Saket District Court, Delhi, being Maintenance Case No.99/2019.

(2.) It is argued the impugned order and the maintenance petition are in direct violation of the consent order dtd. 1/3/2013, duly clarified and reiterated on 2/4/2013 by the Division Bench of this Court in FAO (OS)129/2013 and the judgment dtd. 18/2/2019 passed by the Hon'ble Supreme Court in S.L.P(C)6201/2016.

(3.) It is argued the parties have acted upon the consent terms and respondent/wife cannot be allowed to flout the said terms and embroil the petitioner in multiple cases. It is argued the learned Family Judge, without appreciating the orders passed on the issue, in a mechanical manner had dismissed the application filed by the petitioner/husband for dismissal of the maintenance petition filed by the respondent/wife. It is argued the impugned order is in complete violation of the orders passed by the Division Bench of this Court.