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2009 Supreme(Del) 630

SANJAY KISHAN KAUL, SUDERSHAN KUMAR MISRA
Ajay Kumar Jain – Appellant
Versus
Baljit Kaur Jain – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Aman Lekhi, Sr. Adv. and Jaspreet S. Rai, Adv.
For Respondents/Defendant: Adhip Iyer and Mandira Mitra, Advs.

JUDGMENT

Sanjay Kishan Kaul, J.

.1. The respondent / wife filed a suit under Section 18, 23 and 28 of the Hindu Adoption and Maintenance Act, 1956 against the appellant / husband seeking grant of maintenance at the rate of Rs. 50,000/- per month with the declaration to have a right of residence in her matrimonial home on the first floor of D - 291, Defence Colony, New Delhi ( hereinafter referred to as, the suit property ) as also for restraining the appellant from dispossessing her from the said premises. The respondent also filed an application for interim maintenance of Rs. 30,000/- per month as well as for interim relief in respect of the suit property. The suit and the interim applications were contested by the appellant. In terms of the impugned order dated 02.07.2007 apart from the admitted rental income of Rs. 22,500/- per month of the respondent, the appellant was directed to pay a further sum of Rs. 22,500/- per month as interim maintenance. A further direction was issued restraining the appellant from alienating or selling off his portion of the suit property though the order would not stand in the way of partition of the said property by metes and bounds in view of pend
















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