IN THE COURT OF ________ LD. M.M.
MAHILA COURT - 04,
(SOUTH-WEST DISTRICT), DWARKA, NEW DELHI
EX. NO. ___/2024 IN CC NO. ____/2024
IN THE MATTER OF:-
DIMPLE … DECREE HOLDER
VERSUS
ARUN KUMAR …JUDGMENT DEBTOR
INDEX
S. NO. PARTICULARS C/FEE PAGES
1. MEMO OF PARTIES
2. EXECUTION PETITION
3. AFFIDAVIT IN SUPPORT OF EXECUTION
PETITION
4. LIST OF DOCUMENTS
5. VAKALATNAMA
DELHI
DATE:
DECREE/ORDER HOLDER
THROUGH
ANAND KUMAR
(ADVOCATE)
CH. NO. 551A, WESTERN WING,
TIS HAZARI, DELHI -
MOB:9868443545
IN THE COURT OF ________ LD. M.M. MAHILA COURT - 04,
(SOUTH-WEST DISTRICT), DWARKA, NEW DELHI
EX. NO. ___/2024 IN CC NO. ____/2024
IN THE MATTER OF:-
DIMPLE … DECREE HOLDER
VERSUS
ARUN KUMAR …JUDGMENT DEBTOR
MEMO OF PARTIES
DIMPLE
W/O ARUN KUMAR
D/O SH. JAGDISH SINGH
R/O Q-140, BUDH PAZAR ROAD
GALI NO-09, MOHAN GARDEN
NEW DELHI – 110059 …DECREE HOLDER
VERSUS
1. ARUN KUMAR
S/O SH. SATYAPAL SINGH
R/O E54A, KONDLI BLOCK-E, KONDLI
NEAR DR. AMBEDKAR PARK
MAYUR VIHAR, PHASE-III
EAST DELHI-110096 …… JUDGMENT DEBTOR / RESPONDENT
P.S- UTTAM NAGAR
NEW DELHI
DATE:
DECREE HOLDER
THROUGH
ANAND KUMAR
(ADVOCATE)
CH. NO. 551A, WESTERN WING,
TIS HAZARI, DELHI -
MOB:9868443545
IN THE COURT OF ________ LD. M.M. MAHILA COURT - 04,
(SOUTH-WEST DISTRICT), DWARKA, NEW DELHI
EX. NO. ___/2024 IN CC NO. ____/2024
IN THE MATTER OF:-
DIMPLE … DECREE HOLDER
VERSUS
ARUN KUMAR …JUDGMENT DEBTOR
EXECUTION PETITION READ WITH PROVISION OF COMPLIANCE
COMPLAINT U/S 31 DOMESTIC VIOLENCE ACT, 2005 FOR THE BREACH
OF PROTECTION ORDER DATED 29.06.2019 AS AMENDED TILL DATE
Sir,
The Decree Holder prays for execution of the Decree/order the particulars
whereof are stated in the column hereunder:-
1 NO. OF COMPLAINT CC No. 30433/2016 (DVA)
DIMPLE
2. NAME OF PARTIES
W/O ARUN KUMAR
D/O SH. JAGDISH SINGH
R/O Q-140, BUDH PAZAR ROAD
GALI NO-09, MOHAN GARDEN
NEW DELHI – 110059
.… COMPLAINANT/DH
VERSUS
1. ARUN KUMAR
S/O SH. SATYAPAL SINGH
R/O E54A, KONDLI BLOCK-E,
KONDLI
NEAR DR. AMBEDKAR PARK
MAYUR VIHAR, PHASE-III
EAST DELHI-110096 ……
JUDGMENT DEBTOR /
RESPONDENT
3. DATE OF ORDER OF WHICH ORDER DATED 29.06.2019
EXECUTION IS SOUGHT
4. WHETHER AN APPEAL WAS NO
FILED AGAINST THE DECREE/
ORDER UNDER EXECUTION.
5. WHETHER ANY PAYMENT YES, Rupess __________ __Received
HAS BEEN RECEIVED by the petitioner on dated_________
TOWARDS SATISFACTION OF
MAINTENANCE ORDER
DATED 29.06.2019
6. WHETHER ANY APPLICATION NO
WAS MADE PRIOR TO THIS
APPLICATION AND IF SO,
MENTION THE DATES AND
RESULTS
7 AMOUNT OF COMPLAINT AN ORDER OF MAINTENANCE WAS
ALONGWITH INTEREST AS
PASSED (THROUGH MEDIATION)
PER ORDER OR ANY OTHER
BY THIS HONOURABLE COURT AND
RELIEF GRANTED BY THE
ORDER. RESPONDENT NO. 1 WAS
DIRECTED THAT JD SHALL
DEPOSIT 50 % OF HIS SALARY PER
MONTH IN THE BANK ACCOUNT OF
THE COMPLAINANT/WIFE I.E. DH
BEARING ACCOUNT NUMBER
37575182141 WITH SBI BANK,
MOHAN GARDEN, NEW DELHI
BRANCH, ON OR BEFORE 10TH DAY
OF EACH SUCCEDDING CALANDER
MONTH STARTING W.E.F JULY,
2019, HENCE RECOVERY AMOUNT
Rs.1,63,800/- FROM 29.06.2019 TO
31.03.2020 AS PER 50 % OF HIS
SALARY RS.18,200/- PER MONTH
AND TOTAL SALARY WAS (36,400/-)
AGAINST THE RESPONDENT NO. 1
AND
Rs.2,29,320/- FROM 01.04.2020 TO
31.03.2021 AS PER 50 % OF HIS
SALARY RS.19110/- PER MONTH
AND HIS TENTATIVE ESTIMATED
SALARY WAS (38220/-) AGAINST
THE RESPONDENT NO. 1
AND
Rs.2,40780/- FROM 01.04.2021 TO
31.03.2022 AS PER 50 % OF HIS
SALARY RS.20065/- PER MONTH
AND HIS TENTATIVE ESTIMATED
SALARY WAS (40130/-) AGAINST
THE RESPONDENT NO. 1
AND
Rs.2,52,252/- FROM 01.04.2022 TO
31.03.2023 AS PER 50 % OF HIS
SALARY RS.21021/- PER MONTH
AND HIS TENTATIVE ESTIMATED
SALARY WAS (42042/-) AGAINST
THE RESPONDENT NO. 1
AND
Rs.2,63,700/- FROM 01.04.2023 TO
31.03.2024 AS PER 50 % OF HIS
SALARY RS.21975/- PER MONTH
AND HIS TENTATIVE ESTIMATED
SALARY WAS (43950/-) AGAINST
THE RESPONDENT NO. 1
AND
Rs.68796/- FROM 01.04.2023 TO
30.06.2024 AS PER 50 % OF HIS
SALARY RS.22932/- PER MONTH
AND HIS TENTATIVE ESTIMATED
SALARY WAS (45864/-) AGAINST
THE RESPONDENT NO. 1
THEREFORE, PRESENT
EXECUTION PETITION IS FOR THE
PERIOD FROM 29.06.2019 To
30.06.2024 WHICH AMOUNT TO RS.
12,18,648 /- (RUPEES TWELVE
LAKH EIGHTEEN THOUSAND SIX
HUNDRED AND FOURTY EIGHT
ONLY) AGAINST THE RESPONDENT
NO. 1
8. AMOUNT OF COSTS IF NIL
ALLOWED BY COURT
1. ARUN KUMAR
9. AGAINST WHOM EXECUTION S/O SH. SATYAPAL SINGH
IS SOUGHT R/O E54A, KONDLI BLOCK-E,
KONDLI
NEAR DR. AMBEDKAR PARK
MAYUR VIHAR, PHASE-III
EAST DELHI-110096 ……
JUDGMENT DEBTOR /
RESPONDENT
TO ISSUE WARRANT OF ARREST
10 IN WHAT MANNER COURTS
AGAINST THE RESPONDENTS/
ASSISTANCE IS SOUGHT FOR
JUDGMENT DEBTORS AND ALSO
FOR THE RECOVERY OF AMOUNT
AS PER ORDER DATED 29.06.2019
11. The Hon’ble Court vide order dated 29.06.2019 passed an order of
maintenance in favor of the aggrieved person/ respondent no.1. As per
the order dated 29.06.2019, Respondent no. 1 was directed that JD
shall deposit 50 % of his salary per month in the bank account of the
Complainant/Wife i.e DH bearing account Number 37575182141 with
SBI Bank, Mohan Garden, New Delhi Branch, on or before 10 th day of
each succedding calander month starting w.e.f July, 2019, and hence
the total amount of recovery is RS. 12,18,648 /- (RUPEES TWELVE
LAKH EIGHTEEN THOUSAND SIX HUNDRED AND FOURTY EIGHT
ONLY)
12. That the Complainant/JD has not made any payment towards
maintenance till despite the order of predecessor of this Hon’ble Court.
13. That the decree/order holder has been staying with her parents at the
address mentioned above and facing lots of difficulties in her day to
day life. And the interim relief is urgently required as the decree/order
holder is at the mercy of her parents. Also the respondent is
deliberately avoiding the payment of the maintenance.
PRAYER:
It is therefore, prayed that the warrants of attachment of property of
respondent or warrant of arrest may kindly be passed in favor of order holder
and against the respondent no. 1 for the recovery of outstanding amount of
RS. 12,18,648 /- (RUPEES TWELVE LAKH EIGHTEEN THOUSAND SIX
HUNDRED AND FOURTY EIGHT ONLY) against the respondent no.1
Any other relief as this Hon’ble court may deems fit and proper in favor
of aggrieved person / order holder and against the respondent.
DELHI
DATE:
DECREE HOLDER
THROUGH
ANAND KUMAR
(ADVOCATE)
CH. NO. 551A, WESTERN WING,
TIS HAZARI, DELHI -
MOB:9868443545
IN THE COURT OF ________ LD. M.M. MAHILA COURT - 04,
(SOUTH-WEST DISTRICT), DWARKA, NEW DELHI
EX. NO. ___/2024 IN CC NO. ____/2024
IN THE MATTER OF:-
DIMPLE … DECREE HOLDER
VERSUS
ARUN KUMAR …JUDGMENT DEBTOR
AFFIDAVIT
I, DIMPLE W/O ARUN KUMAR, D/O SH. JAGDISH SINGH, R/O Q-140,
BUDH BAZAR ROAD GALI NO-09, MOHAN GARDEN NEW DELHI – 110059
do hereby solemnly affirm as under:
1. I am the complainant /DH in the above noted matter and am able
and competent to swear this affidavit in support of attached
amended execution petition. The statement of facts made therein is
true and correct to my knowledge.
2. That there is no stay order against the decree/order passed by this
Hon’ble Court which is under the execution nor have I received any
summons/notice from any court till date.
DEPONENT
VERIFICATION:-
Verified at New Delhi on ________, that the contents of above affidavit are
true and correct to the best of my knowledge, no part of it is false and nothing
material has been concealed therefrom.
DEPONENT
