Contempt in delhi high court

What is the case filed before High court and what is the relationship of that case to the civil case.

If the husband has given the said undertaking in writing and the same has been a part of the court order then refusal to comply the same can be treated as contempt of court.

You may express your objections before high court in case he requests high court to combine them as you have stated here.

Sir an order was passed in district court under order 12 rule 6 in suit for possession case whr decree for possession was passed in favour of father in law towards my vacating the matrimonial home. Immediately I moved an appeal in delhi high court asking a relief for securing a rent accomodation for me. High court directed the husband to pay the rent amount to me on a monthly basis as I take up a rent accomodation under that civil case and husband filed an undertaking in high court on affidavit. After that my monthly maintenance was fixed in my dvact but no rent amount was fixed in dvact .it was just monthly maintenance in dvact. Now husband has not paid rent amount since 6 months and has been telling me that i manage the rent from my maintenance amount. My high court appeal case hearing is coming in March. So I will inform the judge then. My concern is that high court judge has power to mix both separate cases as per law ? And will the judge accept my husband's breach of undertaking on this ground and set him free or any action vl be taken for clearing the pending rent amount ?

Monthly maintenance allowed under the provisions of PWDV Act and decree passed under Order XII Rule 6 CPC are two different cases passed by two different Courts, which cannot be clubbed togather by your husband with the sole aim to avoid payment of rent and maintenance.

Move a contempt petition before Delhi High Court for disobedience of orders passed in suit for possession case giving complete details of other case as well.

However, what is the opinion and advise of your counsel who is well aware about facts and circumstances of the cases ? 

@jc vashista- thanks for your opinion. I have to engage a lawyer and that will take little time as am facing lot of financial hardships. Legal aid process is tedious. That's why I put up a query here.

Posting a query on this platform is the faith shown by needy litigants, which I (personally) feel elevated / appreciations and usefulness of the social service performed by experts.

You will have to opt either to consult and engage a 'private" lawyer for providing professional service ;

or

Seek (free) Legal Aid Service provided by the State, irrespective of the fact that the process is tedious, which I may not agree / advise.  

Rule 6 confers a discretionary power on the court to pass a decree based on the admission made by the parties without determining any questions raised by the parties. However, the remedy under this Rule cannot be claimed as a matter of right as this provision is enabling and discretionary in nature.

Basically your husband disobeyed the high court order to pay monthly rental amount to you after the district  court has passed an order under the above provisions of law. You have a right to prefer an appeal or even file a petition before the trial court to recover the monthly rental amount as per high court order. 

In the high court hearing you can hghlight this issue and seek justice 

@t kalaiselvan sir- thanks a lot for this clarity and your opinion. I will be moving contempt of court application in Delhi high court only soon.. his undertaking was filed in high court on affidavit wherein he specifically mentioned that he will pay the rent amount on a monthly basis but it's a clear contempt of court by him and he is trying to club both the separate cases . Monthly maintenance was fixed under dvact and rent amount was fixed under civil case i.e. suit for possession.. as per law he cannot combine two proceedings. Shall inform the high court judge everything in the application by me. Thanks sir for your valuable advice