JANAK DATWANI Vs. JAMNA DATWANI
LAWS(DLH)-2020-11-118
HIGH COURT OF DELHI
Decided on
November 17,2020
JANAK DATWANI
Appellant
VERSUS
Jamna Datwani
Respondents
Referred Judgements :-
STATE OF ANDHRA PRADESH VS. GUNDUGOLA VENKATA SURYANARAYANA GARU [REFERRED TO]HARJINDER SINGH VS. STATE OF PUNJAB [REFERRED TO]
BALBIR VS. STATE OF HARYANA [REFERRED TO]
CHITIVALASA JUTE MILLS VS. JAYPEE REWA CEMENT [REFERRED TO]
PREM LALA NAHATA VS. CHANDI PRASAD SIKARIA [REFERRED TO]
S C JAIN VS. BINDESHWARI DEVI [REFERRED TO]
MAHANT BABA DHARAM DAS, SECRETARY VS. MAHANT DHARAM DAS [REFERRED TO]
PRAMILA SRIVASTAVA VS. ASHA SRIVASTAVA [REFERRED TO]
JUDGEMENT
V.KAMESWAR RAO,J. -
(1.)CM APPLs. 3851/2020 and 5061/2020
By this order, we shall decide two applications filed by the Respondent No.1. The reliefs prayed and the submissions made in the applications shall be narrated separately.
CM. No. 3851/2020
1. This application has been filed by the Respondent No. 1/applicant (hereinafter Jamna Datwani) with the following prayers:
"a) Vary para 10 of the order dated 02-05-2014 passed by this Hon'ble Court, and allow a family attendant in addition to a maid.
b) Vary para 31 of the judgement dated 16-05-2014, and, consequently, allow CC No. 604 of 2010 then pending before the Ld. Magistrate presiding over the Mahila Court (Saket) under The Protection of Women from Domestic Violence Act to be proceeded with, to be adjudicated on a time-bound basis.
c) Issue standing directions to the Station House Officer, PS New Friends Colony to ensure proper compliance of the orders of this Hon'ble Court, as well as to render prompt assistance to the applicant in future in the event of breach of any of the orders passed by this Hon'ble Court
d) And pass such other order or further order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case."
(2.)Mr. Deepak Khosla learned counsel appearing for Jamna Datwani stated she is the mother of Respondents 3, 6, 7 and the Appellant, namely Janak Datwani. She is residing in a one room accommodation in Punjab, after she had been reduced to penury due to the violation of orders of this court by the Appellant (Janak Datwani hereinafter) as his business faces bankruptcy proceedings in France.
(3.)The application seeks variation of Para 10 of order dated May 02, 2014 (order of May 02, 2014 for short) wherein this court had held as under:
"10. While a maid shall be permitted to reside with Mrs. Jamna Datwani in the room exclusive to her, the cook to be employed by her will reside in the garage portion of the servant quarters. The cook will share the bathroom and toilet with other residents of the servant quarter block which is nearest to the garage. "
By this order, we shall decide two applications filed by the Respondent No.1. The reliefs prayed and the submissions made in the applications shall be narrated separately.
CM. No. 3851/2020
1. This application has been filed by the Respondent No. 1/applicant (hereinafter Jamna Datwani) with the following prayers:
"a) Vary para 10 of the order dated 02-05-2014 passed by this Hon'ble Court, and allow a family attendant in addition to a maid.
b) Vary para 31 of the judgement dated 16-05-2014, and, consequently, allow CC No. 604 of 2010 then pending before the Ld. Magistrate presiding over the Mahila Court (Saket) under The Protection of Women from Domestic Violence Act to be proceeded with, to be adjudicated on a time-bound basis.
c) Issue standing directions to the Station House Officer, PS New Friends Colony to ensure proper compliance of the orders of this Hon'ble Court, as well as to render prompt assistance to the applicant in future in the event of breach of any of the orders passed by this Hon'ble Court
d) And pass such other order or further order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case."
(2.)Mr. Deepak Khosla learned counsel appearing for Jamna Datwani stated she is the mother of Respondents 3, 6, 7 and the Appellant, namely Janak Datwani. She is residing in a one room accommodation in Punjab, after she had been reduced to penury due to the violation of orders of this court by the Appellant (Janak Datwani hereinafter) as his business faces bankruptcy proceedings in France.
(3.)The application seeks variation of Para 10 of order dated May 02, 2014 (order of May 02, 2014 for short) wherein this court had held as under:
"10. While a maid shall be permitted to reside with Mrs. Jamna Datwani in the room exclusive to her, the cook to be employed by her will reside in the garage portion of the servant quarters. The cook will share the bathroom and toilet with other residents of the servant quarter block which is nearest to the garage. "
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