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Savita Parashar MAINETEANANCE Application For Early Hearing

This document is an application filed in the Family Court of Karkardooma District Court in New Delhi. [1] The petitioner had filed a maintenance petition against the respondent under section 125 of CrPC. [2] The court had ordered interim maintenance of Rs. 18,000 per month to be paid by the respondent from April 1, 2019. [3] The respondent failed to comply with the court order. The petitioners are seeking an early hearing of the maintenance petition and issuance of a warrant to attach the respondent's bank accounts or property to recover the unpaid maintenance amount of Rs. 32,000 plus interest.

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1K views5 pages

Savita Parashar MAINETEANANCE Application For Early Hearing

This document is an application filed in the Family Court of Karkardooma District Court in New Delhi. [1] The petitioner had filed a maintenance petition against the respondent under section 125 of CrPC. [2] The court had ordered interim maintenance of Rs. 18,000 per month to be paid by the respondent from April 1, 2019. [3] The respondent failed to comply with the court order. The petitioners are seeking an early hearing of the maintenance petition and issuance of a warrant to attach the respondent's bank accounts or property to recover the unpaid maintenance amount of Rs. 32,000 plus interest.

Uploaded by

prakhar srivastav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE COURT OF MS.

SARITA BIRBAL, HON’BLEJUDGE, FAMILY


COURT, KARKARDOOMA DISTRICT COURT (EAST), NEW DELHI

I.A. NO.________ OF 2019

IN

MAINTENANCE PETITION NO. 332 of 2018

IN THE MATTER OF:

Smt. Savita Parashar & Ors. ...Petitioner(s)


Versus

Shri. Yash Parashar ...Respondent

APPLICATION FOR EARLY HEARING OF MAINTENANCE PETITION


OF THE ORDER DATED 27.03.2019 AND FOR TAKING THE
APPROPRIATE ACTION.

Most Respectfully Showeth:

1. That the Petitioner(s)had filed the petition U/s 125 Cr.P.C., 1973
bearing no. 332 of 2018 against the Petitioner before the Hon’ble
Family Court.

2. It is submitted that, this Hon’ble Court had passed an interim


maintenance vide Order dated 27.03.2019 of Rs. 6,000/- per
month (Rupees Six Thousand Only) to each of the Petitioner, total
amounting to Rs.18,000/-(Rupees Eighteen Thousand Only)per
months which was directed to be paid by the Respondent from
01.04.2019.

3. It is submitted that the Respondent miserably failed to comply with


the Order dated 27.03.2019. That on 04.09.2019 this Hon’ble
Family Court directed the Respondent to pay the entire remaining
amount within a period of three (3) weeks from the date of order
i.e. 04.09.2019. It is noteworthy to mention here that the above-
said period comes to an end on 25.09.19.

4. It is respectfully submitted that the Petitioner No.2 & 3 are


studying in school and their examination is scheduled to be held
from first week of November, 2019. As the Respondent miserably
failed in complying with the Order dated 04.09.2019 due to which
the Petitioner No.1 was not able to pay the school fees on time and
in view of the same the School administration will not allow the
Petitioner No. 2 & 3 to appear in the examination as their fees are
not submitted. It is noteworthy to mention here that this will
impact the education of the Petitioner No. 2 & 3 as the same will
disturb the whole academic year of the PetitionerNo.2 & 3.

5. Further, it is submitted that the School administration will


suspend the transport services of the Petitioner No. 2 & 3 from 1st
of November as the Petitioner No. 1 failed to pay the fees of the
transportation service in view of lack of money.

6. It is further submitted that the Petitioner No. 2 & 3 are under


pressure by the school administration, school staff as well as by
the fellow students of the school for delay in paying the school fees.

7. It is most respectfully and humbly prayed that the Hon’ble Court


graciously be pleased to issue warrant attachment of the bank
accounts and/or of movable/immovable property of the
Respondent in satisfaction of the remaining monthly amount of
maintenance of amounting to Rs. 32,000/- alongwith interest @
12/% per annum.

8. It is further submitted that the in view of the above-mentioned


circumstances the Petitioner(s) are coerced to move an application
for early hearing of the Maintenance Petition seeking indulgence of
this Hon’ble Court to treat this application with utmost urgency
and to grant an early hearing of the above said Maintenance
Petition.

Prayer:

In view of the circumstances mentioned in the application it is


most humbly submitted before this Hon'ble Family Court to;

a) Allow the instant application and issue warrant of attachment of


the bank account and/or of movable/immovable property of the
Respondent in satisfaction of the remaining monthly amount of
maintenance of amounting to Rs. 32,000/- alongwith interest @
12/% per annum
b) Direct the Respondent to clear all the back log of fees
(transportation as well as school fees) of Petitioner No. 2 & 3.

c) Any other direction as this Hon’ble Court deems fit on the basis of
fact and circumstances in favour of the Petitioner in the interest of
justice.

Filed by
Petitioner (s)

Through

Eunomia Law Associates LLP


Counsel for the Petitioner
E-23, LGF, Mandir Marg,
Janagpura Extension,
New Delhi-110014
8800948797

Place: New Delhi


Dated: 22.10.2019
IN THE COURT OF MS. SARITA BIRBAL, HON’BLE JUDGE., FAMILY
COURT, KARKARDOOMA DISTRICT COURT (EAST), NEW DELHI

I.A. No.________ of 2019

IN

MAINTENANCE PETITION NO. 332 of 2018

IN THE MATTER OF:

Smt. Savita Parashar & Ors. ... Petitioner(s)


Versus

Shri. Yash Parashar ... Respondent

AFFIDAVIT

I, SavitaParashar, W/o Sh. YashParashar, R/oC-2, Aruna Park, Laxmi

Nagar,New Delhi for herself and her minor children do hereby solemnly

affirms and declare as under:

1. That I am the Petitioner in the above noted Maintenance petition

and thus fully conversant with the facts and circumstances of this

application and am competent to swear this affidavit.

2. That the contents of my accompanying application has been

drafted by my counsel under my instructions and the same have

been explained to me in my vernacular and the same are true and

correct and the same be read as part and parcel to this affidavit,

which are not being reproduced herein for the sake of brevity.

3. That the contents of the said application are not reiterated for the

sake of brevity and avoidance of repetition and may be read as part

and parcel of the affidavit.

DEPONENT
VERIFICATION:

Verified at New Delhi on this _____ day of October 2019, that

the contents of the above affidavit are true to my knowledge, no

part of it is false and nothing material has been concealed

therefrom.

DEPONENT

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