MR. JUSTICE S. RAVINDRA BHAT

1. The present appeal, arising out of matrimonial proceedings, has been filed by the respondent/husband, who impugns an order dated 08.02.2013 of the Family Court, Saket, New Delhi in an application under Sections 24 and 26 of the Hindu Marriage Act, 1955 (hereafter “HMA”) in pending matrimonial proceedings, i.e. HMA 134/2011.

The Family Court directed the husband to pay Rs.1,25,000/-per month as interim maintenance to the wife and a further sum of Rs.1,00,000/-as litigation expenses. The husband/appellant today claims that the direction given is beyond his means, since his salary is Rs.13,88,862/- before tax deduction. After deduction, he claims that his net income is approximately Rs.10.90 lakhs.

2. The parties to the litigation married on 26.11.2001 in accordance with Hindu rites and customs. Given that the marriage was against the husband’s parents’ wishes, the couple was living separately in a rented accommodation at Jal Vayu Vihar, Gurgaon, after marriage. It is alleged that in April-May, 2001, the husband met his parents at the wife’s instance as she was pregnant and needed to be cared for. The husband’s parents allowed the parties to re