LAWS(DLH)-2024-7-13

NITIN GROVER Vs. KARTIKA GROVER

Decided On July 01, 2024
Nitin Grover Appellant
V/S
Kartika Grover Respondents

JUDGEMENT

(1.) Present letters patent appeal has been filed under Clause X of the Letters Patent of the then High Court of Judicature at Lahore, which stands extended to the High Court of Delhi, impugning the order dtd. 1/2/2024 passed by learned Single Judge in C.M. Appl. 46599/2024 (for clarification) in W.P.(C) No. 17386/2022 ('impugned order') whereby the Appellant/husband has been directed to pay to Respondent No. 1/wife a sum of Rs.20,000.00 per month as undertaken before the writ Court on 20/12/2022 pending final determination in the interim maintenance proceedings.

(2.) The underlying writ was filed by Respondent No. 1 impugning the order dtd. 22/11/2022 passed by the learned Principal Secretary-cum-Divisional Commissioner in Appeal bearing No. 248/2020/676-680 under the Rules framed under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('MWPSCA'). Vide the said order, Respondent No. 1 was directed to vacate the premises being Ground Floor, SU-151, Pitampura, New Delhi-110088 ('subject property') subject to the Appellant alongwith Respondent Nos. 2 and 3 providing Respondent No. 1 and her minor daughter with alternate accommodation of equivalent status.

(3.) The writ petition was disposed of vide order dtd. 20/12/2022 relying upon the statement made by the Appellant herein that he is ready and willing to pay a sum of Rs.20,000.00 per month to the Respondent No. 1 to enable her (and the minor daughter) to find alternate accommodation. This order recorded in para nos. 20 and 21 that the Appellant will henceforth pay a sum of Rs.20,000.00 per month to Respondent No. 1 and in turn Respondent No. 1 undertook to handover vacant and peaceful possession of the subject property to the parents of the Appellant i.e., Respondent Nos. 2 and 3.