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2006 Supreme(Del) 974

S.L.BHAYANA, SWATANTER KUMAR
RAJIV KAPOOR – Appellant
Versus
SEEMA KAPOOR – Respondent


SWATANTER KUMAR, J.

( 1 ) VIDE judgment and decree dated 20. 5. 05, the learned Additional District jude, Delhi partially allowed the petition filed by Smt. Seema Kapoor and the minor child against her husband Sh. Rajeev Kapoor under Section 18 and 20 of the hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as the act ) granting Rs. 3,500/- per month each to both the petitioners as monthly maintenance. The legality and correctness of this judgment is questioned by Sh rajeev Kapoor in this Regular First Appeal under Section 96 of the Code of Civil procedure on the following grounds ; (a) The Court has awarded the above amounts to the respondents in this appeal without assessing income of the appellant, on the basis of no cogent and proper evidence. (b) The Court has fallen in error of law in awarding a sum of Rs. 7,000/- per month to the respondents. Awarding this maintenance is unreasonably excessive and is not in consonance with the principles enunciated in various pronouncements of this Court.

( 2 ) RESPONDENT no. 1 was married to the appellant on 26. 11. 92 according to hindu rites and customs. Master Vaibhav was born from this wedlock on 20. 11. 93. It appears








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