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Application

Uploaded by

logolo1201
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. SHRUTI SHARMA LD.

MM, MAHILA
COURT, SHAHDARA DISTRICT, NEW DELHI
IN
EXECUTION CASE NO’S. 83 OF 2022 & 315 OF 2023

IN THE MATTER OF:

Rekha Singh Decree Holder

VERSUS

Neeraj Kumar Singh Judgment Debtor

INDEX
SL. No. Particulars Page No.

1. An Application on the behalf of the Decree


Holder for issuance of attachment of warrant
alongwith affidavit.

Applicant/Decree Holder

Through

(RAHUL KUMAR)
Advocate for the Decree Holder
Place: Delhi Ch. No. E- 402, Karkardooma Court,
New Delhi-110001
Dated:
IN THE COURT OF MS. SHRUTI SHARMA LD. MM, MAHILA
COURT, SHAHDARA DISTRICT, NEW DELHI
IN
EXECUTION CASE NO’S. 83 OF 2022 & 315 OF 2023

IN THE MATTER OF:

Rekha Singh Decree Holder

VERSUS

Neeraj Kumar Singh Judgment Debtor

AN APPLICATION ON THE BEHALF OF THE DECREE HOLDER FOR


ISSUANCE OF ATTACHMENT OF WARRANT FOR RECOVERY OF ARREARS
RS. 3,70,000/- AGAINST THE RESPONDENT.

MOST RESPECTFULLY SHOWETH:-

1. That the two present interim maintenance Execution Petitions No. 83


of 2022 and 315 of 2023 are pending before this Hon’ble Court for
today i.e. 08.12.2021.

2. That the main DV case vide Ct. Case No. 1752 of 2020 with case title
“Rekha Singh Vs Neeraj Kumar Singh” is pending train before this
Hon’ble Court for 15.02.2024.

3. That on 10.08.2021 this Hon’ble court has allowed the interim


maintenance application U/s 20 of DV Act, in the favour of the
Decree Holder namely Rekha Singh and directed the Respondent Mr.
Neeraj Kumar Singh to pay of Rs. 25,000/- per month.

4. Thereafter the Respondent has started paying, but sometime in 2022


he stopped to pay any amount to the Complainant.
5. Thereafter in the year 2022 the Complainant has to filed the first
Execution Petition vide Execution No. 83 of 2022.

6. It is submitted that after receiving the court notice the Resondent


against again started paying maintenance.

7. That the Respondent again stopped to pay, so the Complainant filed


second Execution Petition vide Execution No. 315 of 2023.

8. It is submitted that the Respondent is not showing his interest to pay


the maintenance to the Complaint despite this Court order.

9. It is submitted that the total interim maintenance arrears is of


Rs.3,78,000/- (Rupees Three Lakhs and Seventy Eight Thousand).

10. That the Respondent is earning handsome salary and also running his
another business.

11. That the Complainant is completely depends on her brother income


and she unable to maintain herself even she is unable maintain her
domestic requirements.

12. That the Complainant is suffering from various disease and she is
unable afford her medical expenses.

13. That the Respondent having his own CAR and own Home in Noida,
Uttar Pradesh.

14. That against the said interim maintenance order, JD has not filed any
Appeal against the impugned Order dated 08.12.2021.

PRAYER

In view of the facts and circumstances mentioned herein above it is,


therefore, most humbly prayed that the amount mentioned in the para No.
8 of this Application may kindly be recovered along with the interest
from the Judgment Debtor by way of issuance of attachment warrant
against the Judgment Debtor. The immovable/ movable properties of
judgment debtor may kindly be attached and the amount of the present
arrears which has taken effect of the order may kindly be recovered by
selling such immovable/ movable properties in accordance with law.
Further it is prayed that the Judgment Debtor intentionally are delayed the
payment of the interim maintenance amount hence, he is also liable to
make the payments of the interest on the amount of the arrears. If the
amount of arrears cannot be realized from the immovable/ movable
properties of the Judgment debtor, in that case the Judgment Debtor be
send to the jail as per Law.

Any other relief as this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case and in the interest of justice.

Applicant/Decree Holder

Through

(RAHUL KUMAR)
Advocate for the Decree Holder
Place: Delhi Ch. No. E-402, Karkardooma Court,
Delhi.
Dated:
IN THE COURT OF MS. SHRUTI SHARMA LD. MM, MAHILA
COURT, SHAHDARA DISTRICT, NEW DELHI
IN
EXECUTION CASE NO’S. 83 OF 2022 & 315 OF 2023

IN THE MATTER OF:

Rekha Singh Decree Holder

VERSUS

Neeraj Kumar Singh Judgment Debtor


AFFIDAVIT

I, Rekha Singh W/o Neeraj Kumar Singh aged about 50, R/o- House No.
538, Janta Flat, GTB Enclave, Delhi-110093., do hereby solemnly affirm
and declare as under:-

1. I say that I am Decree Holder in this present Execution Petition, am


well conversant with the facts and circumstances of the present
Execution and this Application, hence competent to swear the
present affidavit.

2. I say that the accompanying Applicationas well as this affidavit has


been drafted by my counsel under my instructions.

DEPONENT

VERIFICATION:

Verified at Delhi on this ___ day of December, 2023 that the


contents of the above affidavit are true and correct to the best of my
knowledge and nothing material has been concealed therefrom.

DEPONENT

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