The main legal point established in the judgment is the determination of interim maintenance under the Hindu Adoption and Maintenance Act, 1956, considering the financial status and conduct of the parties.

RAJIV SAHAI ENDLAW, J

I.A. No.11046/2009 (u/Ss 18 & 20 of Hindu Adoption and Maintenance Act, 1956)

1. The two plaintiffs who are the wife and minor daughter (now aged about 11 years) of the defendant, in this suit for recovery of maintenance under Sections 18 & 20 of the Hindu Adoption and Maintenance Act, 1956, seek interim maintenance @ Rs.5,00,000/- per month with effect from March, 2008 with escalation of 15% per annum and a residence for the plaintiffs or in lieu thereof a sum of Rs.2,50,000/- per month towards rent.

2. The counsel for the plaintiffs has argued that the defendant is the only legal heir of M/s. Ahluwalia Contractors, which business was started by the grandfather of the defendant and is now run by the father of the defendant; that M/s. Ahluwalia Contracts (India) Limited is a listed company and the defendant has a lavish lifestyle and thus interim maintenance be fixed at Rs.5,00,000/- per month as claimed.

3. Per contra, the senior counsel for the defendant has stated that the marriage between the plaintiff No.2 and the defendant was arranged not by the parents of the plaintiff No.2 and the defendant but was against the wishes of the parents of the plaintiff No.2 and the defendant; after the marriage, they were living separately from the parents of the defendant, in the colony of Jalvayu Vihar, Noida, U.P.; that it was only when the plaintiff No.2 became pregnant with plaintiff No.1 that the father of the defendant brought them to his own house; that the defendant is a whole time Director in M/s. Ahluwalia Contracts (India) Limited and at the time of marriage in the year 2001 had earnings of approximately Rs.6,00,000/- per annum from the said company and which now stand increased to Rs.13,00,000/- per annum. The senior counsel for the defendant has offered to pay interim maintenance @ Rs.50,000/- per month, besides bearing the expenses of school fees, books, uniform etc. of the plaintiff No.1. On persuasion, he has also consented to bear the medical expenses of the plaintiffs by taking out an insurance policy therefor in the sum of Rs.5,00,000/- annually. 4. The counsel for the plaintiffs on the contrary has argued that no reliance can be placed on income tax returns where income is always concealed. He has contended that the defendant is holding shares of M/s Ahluwalia Contracts (India) Limited and other family companies of the value of Rs.50 crores; his house is adorned with expensive art and valuable cars are parked therein (of which photographs are shown) and also owns several properties. 5. Needless to add that the senior counsel for the defendant controverts and adds that the plaintiff no.2 herself in a partition suit also filed by her has admitted that the properties do not stand in the name of the defendant. He has further drawn attention to Section 23(2)(c) of the Act to demonstrate the scope of maintenance thereunder. 6. Though the counsel for the plaintiffs has cited as many as ten judgments which are placed on record, but need is not felt to burden this order therewith, inasmuch as the interim maintenance in each case depends upon the facts thereof and no general or thumb rule can be adopted.

7. It is necessary to setout some of the relevant facts which have emerged in the hearing.

(i) The plaintiff No.2 has also filed an application under Section 24 of the Hindu Marriage Act, 1955 for maintenance in a divorce petition filed by the defendant and on which application arguments have been heard and order stands reserved.

(ii) The defendant, in this suit, as far back as on 20th December, 2010, without prejudice to his rights and contentions offered to pay an amount of Rs.50,000/- per month by way of interim maintenance but which was not accepted by the counsel for the plaintiffs stating that a minimum amount of Rs.75,000/- would have been good enough to meet her day to day expenses.

(iii) The defendant has deposited a sum of Rs.2,35,000/- in the Guardianship Court in the guardianship proce