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 reside with them at B-10, Saket, New Delhi after various ceremonies, celebrations and pujas. On 04.09.2002, the baby was born to the parties and her arrival was celebrated by the family. However, it is claimed that after living together in the husband’s parents’ house for some time, the couple developed differences, and consequently, in March, 2008, they separated and the wife moved to her parental home in Gujrat Vihar, along with the minor daughter. The husband’s father had purchased a residential high-end apartment at ATS Green, Noida in his name for the wife’s residence and he gave her money to furnish it. The wife, however, refused to shift into the apartment allegedly claiming that it had not been purchased in her name. Thereafter, she filed a petition for restitution of conjugal rights under Section 9 of the HMA on 01.09.2008 against the Appellant, being HMA 247/08 in the Karkardooma Court. That petition and the interim maintenance application were withdrawn on 04.07.2009, when the appellant/husband agreed to live with the respondent/daughter keeping in view the welfare of their daughter.

3. Subsequently, the appellant claimed the custody of his daughter under Section 25 of the Guardians and Wards Act (G.P. No.8/2008) which is pending in the Court of the Guardian Judge, Karkardooma Court, Delhi. The wife filed a criminal complaint on 14.07.2009, against the husband, his parents and married sisters, which according to the husband, was false and frivolous. The wife, thereafter, on 25.08.2009, acting for herself and as a guardian of the minor daughter of the parties, filed a suit for maintenance and separate residence under the Hindu Adoptions and Maintenance Act, 1956 before this Court (hereafter called “the maintenance suit”). An application seeking an interim monthly maintenance of Rs.5,00,000/-was also filed in that suit. The Court by order dated 05.03.2013 awarded Rs.75,000/-per month as the interim maintenance, (in the maintenance suit) which the appellant has started to comply with. The wife, acting as a next friend of the minor daughter of the parties, also filed a suit for partition against all the family members, being Suit No. 2202/2011 and same is pending till date.

4. The husband, claiming that the marriage of the parties had completely broken down, filed a divorce petition against the wife on 07.01.2011 on the grounds of cruelty and desertion. In that petition the wife filed her written statement and also filed an application for interim maintenance on 04.08.2011, which was decided by order dated 08.02.2013. This order is the subject matter of the present appeal.

5. The appellant argues that in the maintenance suit filed by the wife, he offered to pay Rs.50,000/-per month towards maintenance of the respondent and the minor daughter, wh