CONT.CAS(C) 905/2024 1 $~110 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 905/2024 & CM APPL. 44912/2024 & CM APPL. 51011/2024 & CM APPL. 58565/2024 & CM APPL. 72654/2024 POONAM .....Petitioner Through: Ms. Sumitra Choudhary, Mr. N.K. Raghav Raman, Ms. Ntiya Sharma and Ms. Jasmine Sheikh, Advocates with petitioner in person. versus SURAJ PAL .....Respondent Through: Respondent in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 13.01.2025 1. Learned counsel for the petitioner submits that the petition which the petitioner had filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short ‘PWDV Act’) was dismissed by the learned Trial Court on 11.09.2024 but the petitioner filed an appeal bearing CA No.292/2024 against the above said dismissal of her application and the learned Appellate Court has allowed the appeal on 08.01.2025 and whereby such dismissal order dated 11.09.2024 had been set aside and the matter has now been remanded back to the learned Trial Court with direction to decide the matter afresh after giving due consideration to all aspects of domestic violence. 2. Learned counsel for the petitioner submits that after the above 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 24/01/2025 at 14:21:13 CONT.CAS(C) 905/2024 2 said order dated 08.01.2025, passed by learned Appellate Court, the petition has been revived, therefore, the execution petition also stands revived automatically. She submits that when earlier the matter was pending, there was some direction with respect to the payment of maintenance to the petitioner and, at the moment, the petitioner would be satisfied if there is a direction to learned Trial Court to expedite the disposal of such execution petition whereby the petitioner is seeking maintenance as well as educational expenses for her children. It is submitted that there are huge arrears with respect to unpaid maintenance amount. 3. Respondent has appeared in person through Video conferencing and does admit that the appeal has been allowed and now the learned Trial Court has been directed to consider afresh the above said petition under Section 12 of PWDV Act. 4. Keeping in mind the overall fact and circumstances of the case and without prejudice to the rights and contentions of the parties, the present contempt petition is disposed of as not pressed and, simultaneously, learned Trial Court is requested to take up the execution petition as expeditiously as possible and to dispose of the same, preferably, within a period of three months from today. 5. Needless to say, in case the petitioner feels any difficulty, she would be permitted to file the petition afresh or to revive the present contempt petition. MANOJ JAIN, J JANUARY 13, 2025 st 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 24/01/2025 at 14:21:13