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2010 Supreme(Del) 142

VIKRAMAJIT SEN, SUNIL GAUR
VIVEK RASTOGI – Appellant
Versus
ARCHANA RASTOGI – Respondent


Advocates Appeared:
Mr.Arun Monga & Mr. Vivek Sharma, Advs.
Ms. Geeta Luthra, Sr. Adv. with Mr. Parinay D. Sah, Adv.

JUDGMENT

VIKRAMAJIT SEN, J.

1. This Appeal has been filed against the Judgment dated 3.4.2008 passed by the learned Single Judge granting interim maintenance in a suit filed by the Respondent/Wife in her Suit under Sections 18, 20 and 23 of the Hindu Adoptions and Maintenance Act, 1956 („HAM Act? for short). By the impugned Judgment, the learned Single Judge has directed the Appellant/husband to pay interim maintenance at Rupees one lakh per month, subject to the Respondent/Wife vacating the house allotted to the Husband by his employer. The Court took notice of the fact that spouses owned a Flat addressed as Flat No.702, Block No.A-3, Uniworld Citi, Gurgaon and another addressed as 102/46, Silver Oaks, DLF Phase-II. It was in this regard that the Respondent/Wife was granted the choice of residing in either of the two Flats; the Appellant/Husband was obligated to get the house chosen by the Respondent/Wife repaired/whitewashed etc. The Respondent/Wife was obligated to carry all his articles and belongings which were not owned by the Husband?s Employer. The Court ordered that if the Respondent/Wife declined to shift to any of the two jointly owned flats, “she may take on rent any oth











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