IN THE HIGH COURT OF DELHI AT NEW DELHI

[CRIMINAL REVISIONAL JURISDICTION]

CRIMINAL MISC. APPLICATION (CRL) NO._____/2021
IN
CRIMINAL REVISION PETITION (CRL.) NO.433 OF 2021

IN THE MATTER OF:

Raj Pal …Petitioner
//Versus//
Raj Bala …Respondent
INDEX

SL. PARTICULARS PAGE NO.

NO.
1. Crl.M.P. No._____/2022
Application under Section 482 Cr.P.C. for
Direction along with affidavit

2. Crl.M.P. No._____/2022
Application under Section 482 Cr.P.C. for
stay along with affidavit.
3. Annexure-1
Copy of the order dated 3.08.2022 passed by
the Hon’ble Principal Judge, Family Court,
Patiala House Courts, New Delhi in
Execution petition No.71/2021.

Place: New Delhi Filed by:

Dated:

(KANHAIYA KUMAR)
ADVOCATE FOR THE PETITIONER
Mob: 9650525711
B-4, GF, Kalkaji, Delhi
 IN THE HIGH COURT OF DELHI AT NEW DELHI
[CRIMINAL REVISIONAL JURISDICTION]

CRIMINAL MISC. APPLICATION (CRL) NO._____/2022

IN
CRIMINAL REVISION PETITION (CRL.) NO.433 OF 2021

IN THE MATTER OF:

Raj Pal …Applicant
//Versus//

Raj Bala …Respondent

APPLICATION UNDER 482 OF CRIMINAL PROCEDURE CODE

FOR DIRECTION

TO
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON’BLE HIGH COURT, AT NEW DELHI

THE HUMBLE APPLICATION ON BEHALF

OF THE ABOVE NAMED APPLICANTS

The petitionersmost humbly submit as under:-

1. That by way of the present petition the Petitioner seek to

challenge the interim order dated 6.4.2021 passed by the

Hon’ble Principle Judge, Family Court, Patiala House

Court, New Delhi in Mt case No.53/2019 whereby the

 Hon’ble Principle Judge, Family Court, Patiala House Court

was pleased to grant interim maintenance to Respondent

as she is claiming wife of the petitioner.

2. That the criminal Revision Petition is pending before this

Hon’ble Court and matter is fixed for adjudication on

16.12.2022.

3. That since the matter is pending before this Hon’ble for

deciding the issues whether the second wife is entitled for

maintenance or not as per the claim of the respondent that

she is wife of the petitioner.

4. That the petitioner is a retired Ex. Assistant from Railway

Board and he is a respected person in a society and in

relatives and there is no extra affairs of the respondent in

his life at any point of time. It is submitted that the

petitioner had never allowed to the respondent to live in the

Railway Quarter as a husband and wife.

5. That the petitioner is a retired Ex. Assistant from Railway

Board and he is getting pension of Rs.28,873/- per month

and petitioner is depend on his pension and apart from the

 pension there is no extra income of the petitioner and

petitioner is an old age man and he is suffering from

various old age ailments.

6. It is pertinent to mention here that the petitioner has three

sons and two daughters and two sons i.e. Naveen Kumar is

unsound person i.e. mentally unfit and treatment is going

on in hospital and all the treatment expenses is beard by

petitioner from his pension. It is pertinent to mention here

that the petitioner and his wife i.e. Smt Kanta Devi’s are

senior citizen and both are also suffering from various

deceased and treatment is going on in hospital.

7. That the respondent filed the Execution Petition bearing

No.71/2021 before the Hon’ble Principal Judge, Family

Court, Patiala House Courts, New Delhi and the next date

of hearing is fixed for 18.10.2022. It is pertinent to mention

here that on the last date of hearing i.e. 3.8.2022 the

Hon’ble Principal Judge, Family Court, Patiala House

Courts, New Delhi pleased to pass the following order:

“It is stated that no payment is being made by the JD

to the DH.
 Issue FLW against the JD through the concerned SHO

on filing of PF, affidavit and list of movable assets, for

18.10.2022|”

8. That the maintenance petition is not maintainable in the eyes

of law. It is submitted that petitioner is not a husband of

respondent if petitioner is a husband of respondent then

respondent should have produced a marriage certificate

before this Hon’ble Court. It is pertinent to mention here

that it is necessary to come out true when the trial will be

conducted before Hon’ble Trial Court. It is submitted that

the maintenance petition filed by the respondent with

malafide intention to cheat and blackmail to the petitioner.

Hence this application.

PRAYER:-

It is, therefore, most humbly and respectfully prayed that this

Hon’ble Court may kindly be pleased to:-

(i) Be pleased to issue of direction to the Hon’ble

Principal Judge, Family Court, Patiala House Courts,

New Delhi for staying the execution proceeding

 bearing No.71/2022 against the petitioner till the

pending of the Criminal Revision Petition in the

interest of justice; and

(ii) Grant any other relief, which this Hon'ble Court may

deem fit in the facts and circumstances of the case in

the interest of justice.

Filed by:

NEW DELHI Kanhaiya Kumar

DATE :29/09/2022 Advocate for petitioner
 IN THE HIGH COURT OF DELHI AT NEW DELHI
[CRIMINAL REVISIONAL JURISDICTION]
CRIMINAL MISC. APPLICATION (CRL) NO._____/2022
IN
CRIMINAL REVISION PETITION (CRL.) NO.433 OF 2021

IN THE MATTER OF:

Raj Pal …Petitioner
//Versus//

Raj Bala …Respondent

APPLICATION UNDER 482 OF CRIMINAL PROCEDURE CODE

FOR STAY
To
THE HON’BLE THE CHIEF JUSTICE AND HER COMPANION
JUSTICES OF THE HIGH COURT OF DELHI

THE HUMBLE PETITION OF THE

PETITIONERS-ABOVE-NAMED

MOST RESPECTFULLY SHOWETH:

1. That the present Criminal Revision Petition is filed by the

petitioners under Section 397 read with 401 of Criminal

Procedure Code against the interim order dated 6.4.2021

passed by the Hon’ble Principle Judge, Family Court,

Patiala House Court, New Delhi in Mt case No.53/2019.

2. That for the sake of brevity the contents of the

accompanying Criminal Revision Petition are not being

repeated herein, but the contents of the accompanying

 Revision Petition may be read as part and parcel of this

application and the Petitioners crave leave of this Hon’ble

Court to refer and rely on the same as and when this

application is taken for hearing.

3. It is respectfully submitted that that vide order dated

6.4.2021 the Hon’ble Principal Judge, Family Court,

Patiala House Court was pleased to pass interim

maintenance of Rs.10000/- in favour of respondent and

against the petitioner.

4. That after passing the interim maintenance the respondent

filed the Execution Petition bearing No.71/2021 before the

Hon’ble Principal Judge, Family Court, Patiala House

Courts, New Delhi and the next date of hearing is fixed for

18.10.2022. It is pertinent to mention here that on the last

date of hearing i.e. 3.8.2022 the Hon’ble Principal Judge,

Family Court, Patiala House Courts, New Delhi pleased to

pass the following order:

“It is stated that no payment is being made by the JD to

the DH.
 Issue FLW against the JD through the concerned

SHO on filing of PF, affidavit and list of movable assets,

for 18.10.2022|”

True copy of the order dated 3.8.2022 is annexed

herewith and marked as Annexure A-1.

5. It is pertinent to mention here that as per the contention of

respondent that respondent is a wife of petitioner and

marriage between the petitioner and respondent was

solemnized on 6.11.1994 at village. It is submitted that the

petitioner never married with the respondent.

6. It is pertinent to mention here that the respondent misused

the sympathy of petitioner and made false and concocted

story regarding the marriage between petitioner and

respondent and blackmail to the petitioner. It is submitted

that respondent made a forged and fabricated document

i.e. Aadhar Card and any other documents and procured

by the respondent with malafide intention to cheat and

blackmail to petitioner.
7. That on the basis of all the above-mentioned facts and

circumstances the present Criminal Revision Petition is

filed by the Petitioners before this Hon‘ble Court.

8. That this application is made bonafide and in the interest

of justice.

PRAYER

It is, therefore, most humbly and respectfully prayed that

this Hon’ble Court may graciously be pleased to:

a) grant stay of the execution petition bearing No.71/2021

passed by the Hon’ble Principle Judge, Family Court,

Patiala House Court, New Delhi till the pending of the

present petition; and/or

b) Pass any other order/ directions as this Hon’ble Court

deems fit and proper in the facts of the present Criminal

Revision Petition in the interest of justice.

AND FOR THIS ACT OF KINDNESS THE APPELLANT AS IN

DUTY BOUND SHALL EVER PRAY.
FILED BY:

(KANHAIYA KUMAR)
ADVOCATE FOR THE PETITIONER
Mob: 9650525711
B-4, GF, Kalkaji, Delhi