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2008 Supreme(Del) 342

IN THE HIGH COURT OF DELHI AT NEW DELHI
PRADEEP NANDRAJOG, J.
Shri N.P. Kaushik ........ Petitioner
VERSUS
Smt. Suman Kaushik ........ Respondent
CM(M) No.1535/2007
Decided on 18.03.2008

Advocates appeared
Through:Mr.Raman Duggal, Advocate
Through:Mr.D.K. Sharma, Advocate with respondent in person

Headnote:Hindu Adoption and Maintenance Act, 1956 Section 20 - Interim monthly maintenance - Interim maintenance can be received once and there is no provision of law to claim 8E!pflrate interim maintenance in different proceedings Enhancement of interim maintenance from Rs. 3,500/- per month, to Rs. 11,000/- per month - Right of a major girl, for maintenance from parents after attaining majority till her marriage is recognized in b Section 20(3) of the Act - Daughter pursuing B. Tech course and It her educational expenses increased - Circumstances can change overnight. - Held that changed circumstances justified enhancement of interim maintenance.

Judgment

PRADEEP NANDRAJOG, J.

1. Present petition under Article 227 of the Constitution of India lays a challenge to the order dated 28.7.2007 passed by the learned Additional District Judge, Delhi whereby w.e.f. 08.03.2007 interim monthly maintenance granted to Ms. Ms.Geetika was enhanced from Rs,3500/-to Rs.11,000/-.

2. Back drop facts leading to the filing of the present petition are that on 06.03.1987 the marriage between the petitioner Shri N.P.Kaushik and the respondent Smt. Suman Kaushik was solemnized as per Hindu rites and ceremonies. On 15.1.1988 a daughter Ms.Geetika was born out of the said wedlock.

3. Unfortunately, the marriage turned sour and the parties started living separately. Their daughter Ms.Geetika started residing with her mother i.e. the respondent.

4. In the year 1995 Ms.Geetika filed a civil suit under Section 33 CPC and Section 20 of the Hindu Adoption and Maintenance Act,1956 against her father i.e. the petitioner claiming a maintenance of Rs.2,000/-per month from him. Since Ms.Geetika was a minor the respondent being her mother was prosecuting the said suit on her behalf.

5. In the afore-noted suit, an application dated 4.10.1995 was filed by the respondent seeking interim maintenance at Rs.2,000/-per month from the petitioner. Thereafter, an application for amendment of the plaint was moved by the respondent which was allowed by the learned Trial Court vide order dated 13.9.2004 As per the amended plaint, maintenance in sum of Rs.3,500/-per month was claimed from the petitioner.

6. Consequent to the filing of the afore-noted suit, in the year 1997, the petitioner filed a divorce petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act,1955 against the respondent.

7. During the pendency of the said divorce petition, the respondent filed an application under Sections 24 and 26 of the Hindu Marriage Act,1955 claiming interim maintenance for Ms.Geetika from the petitioner.

8. Vide order dated 28.10.1999 the learned Trial Court before whom the divorce petition was pending awarded interim maintenance in sum of Rs.3,000/-per month in favour of Ms.Geetika. The amount of interim maintenance was directed to be shared equally by the petitioner and the respondent.

9. Against the order dated 28.10.1999 passed by the learned Trial Court, a revision petition was filed before this court. 10. Vide order dated 27.11.2001 this court enhanced the amount of interim maintenance from Rs.3,000/-per to Rs.3,500/-per month. Further in order to secure the future of Ms.Geetika, this court directed the parties to invest a sum of Rs.5 lacs in an insurance policy.

11. Pursuant to order dated 27.11.2001 passed by this court the petitioner and the respondent purchased insurance policies in the name of Ms.Geetika in sum of Rs.3 lacs and Rs.2 lacs respectively.

12. Thereafter, the respondent filed various applications seeking enhancement of interim maintenance granted by order dated 27.11.2001. The applications are pending adjudication.

13. On 19.9.2005, two applications were filed by the respondent in the suit by her under Section 33 CPC and Section 20 of Hindu Adoption and Maintenance Act,1956.

14. First application was under Order VII Rule 14 CPC seeking to file additional documents namely fee slips of Ms.Geetika for the Class-VI, Class-XII and B.Tech Course.

15. Second application was under Section 151 CPC seeking enhancement of interim maintenance from Rs.2,000/-per month to Rs.3,500/-per month. In the said application it was pleaded that Ms.Geetika had turned 17 years of age and that her expenses have increased to more than Rs.15,000/-per month.

16. Vide order dated 02.05.2006 both the applications were allowed. Relevant portion of the order of learned Trial Court reads under : So for copies of fee receipts of classes are concerned the same pertains to the year 1999 and 1998 and other receipts of class XII and B-Tech pertains to the period for the year 2004 and 2005 respectively and apparently the same are beyond the o















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