Allowed

Namisha Seth v. Pranav Seth

Delhi HC16 Jul 2024CONT.CAS(C)/1074/2024

Case brief

AI extract

What is this about?

The High Court held the contempt petition for non-payment of maintenance maintainable only if other options were exhausted, finding the petition premature. It directed the Learned Mahila Court to issue notice to the respondent's parents for property disclosure before initiating coercive measures.

What did the court decide?

Contempt petition allowed in substance; matter remanded to Learned Mahila Court to issue notice to respondent's parents for asset disclosure and to prepone hearing to 01.08.2024.

Namisha Seth Vs Pranav Seth — Maintenance and Alimony | Delhi HC (2024)

¶1

$~97

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1074/2024

¶3

NAMISHA SETH .....Petitioner Through: Mr.Prateek Goswami, Mr.Dhiraj Goswami and Mr.Shashank Goswami, Advocates. versus

¶4

PRANAV SETH .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA O R D E R % 16.07.2024

¶5

CM APPL. 39311/2024

¶6

Allowed, subject to all just exceptions. 2. The application stands disposed of. CONT.CAS(C) 1074/2024

¶7

The petitioner is seeking initiation of contempt proceedings against the respondent under Sections 10, 11 and 12 of the Contempt of Courts Act, 1971 for alleged deliberate and wilful disobedience of the directions dated 11.11.2022 passed by the learned MM, Mahila Court whereby the respondent/husband/father has been directed to pay maintenance to the tune of Rs.60,000/- each to the petitioner viz. the wife, as well as their two minor children, w.e.f. 25.01.2021 till the disposal of the complaint.

¶8

None is present for the respondent despite sending advance notice.

¶9

This is a digitally signed order.

¶10

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 05:32:46

¶11

Learned counsel for the petitioner has urged that the respondent/husband /father has fled to Canada. It is submitted that the maintenance has not been paid since the date of passing of the relevant order dated 25.01.2021.

¶12

It is submitted that the parents of the respondent are well-settled in Delhi as they are running a flourishing tent business as well as having several immoveable and moveable properties situated in India, in which the respondent is having a share. 7. This Court is of the opinion that the present contempt proceedings are not maintainable. Each and every direction/order which is flouted by any party cannot be made the subject matter of contempt proceedings. The powers to hold a party in contempt have to be used sparingly and in exceptional cases.

¶13

However, considering that the maintenance has not been paid to the petitioner and her two children causing insurmountable problems to them, the present petition is disposed of with direction to the learned Mahila Court to issue notice to the parents-in-law of the petitioner and call upon them to submit details of their moveable and immoveable properties in India and also specify whether the respondent/husband/father is having any share in the property in Delhi or elsewhere in India. Once the complete disclosure is made, the learned MM shall be competent to initiate appropriate coercive process against the respondent for attachment of his share and provide appropriate relief to the petitioner.

¶14

The matter is next coming up for hearing before the learned Mahila Court on 31.08.2024. The learned MM concerned is hereby directed to prepone the matter to 01.08.2024 and pass appropriate directions.

¶15

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 05:32:46

¶16

This contempt petition is disposed of accordingly.

¶17

Copy of this order be given dasti to the learned counsel for the petitioner.

¶18

DHARMESH SHARMA, J.

¶19

JULY 16, 2024 /VLD

¶20

Namisha Seth v. Pranav Seth

Case brief

What is this about?

What did the court decide?

Namisha Seth v. Pranav Seth

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Laj Madan & Anr. Vs Giridhar Aramane & Ors.

Si (Gd) Ajay Khungur Daimari Vs Shri Ajay Kumar Bhalla and Ors.

Prashant Prakash Vs Shri Ajay Kumar Bhalla and Ors.

Rajputana Shakti International LLP Vs Sumant Kumar Dixit

Sajal Das & Ors. Vs Ajay Kumar Bhalla

Uma Singhania and Anr. Vs Manoj Chhibber and Anr.

Man Mohan Singh Attri Vs Amrindra Kumar Jha and Ors.

Tipsy Yadav Vs Prashant Yadav

Mata Krishnawati Memorial Education Society & Anr. Vs Delhi Development Authority

Sanjeev Kumar Shukla Vs M/S. Fusion Homes Buildtech Pvt. Ltd. and Ors.

Tariq Hasan Siddiqui and Anr. Vs Delhi Development Authority

Ankit Sharma Vs Prachika Lochan Gupta

Sh Dadaso Jagtap and Anr. Vs Smt Satwant Kaur Sarna and Ors.

Arun Gupta Vs Union Bank of India and Anr.