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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Vikas Mahajan, JJ.
Sourabh Jindal – Appellant
Versus
Bindiya Jindal – Respondent
MAT.APP.(F.C.) 94 of 2023
Decided On : 19-04-2023
Interim Maintenance - Hindu Marriage Act - The court allowed the appeal and set aside the order dismissing the petition for divorce under Section 13(i)(ia) of The Hindu Marriage Act, 1955 due to non-compliance of order directing payment of interim maintenance. The appellant undertook to clear the arrears and make future payments, which was accepted by the court, leading to the restoration of the petition on the records of the Family Court.
Fact of the Case:
The appellant sought divorce under Section 13(i)(ia) of The Hindu Marriage Act, 1955, but the petition was dismissed due to non-compliance of order directing payment of interim maintenance.
Finding of the Court:
The court allowed the appeal, set aside the impugned order, and restored the petition on the records of the Family Court, subject to the appellant complying with the directions regarding payment of arrears and future instalments.
Issues: Non-compliance with order directing payment of interim maintenance, appeal against dismissal of divorce petition under Section 13(i)(ia) of The Hindu Marriage Act, 1955.
Ratio Decidendi: The appellant's undertaking to clear the arrears and make future payments, along with the acceptance of the undertaking by the court and the respondent, influenced the court's decision to allow the appeal and restore the petition.
Final Decision: The appeal is allowed, the impugned order is set aside, and the petition for divorce under Section 13(i)(ia) of The Hindu Marriage Act, 1955 is restored on the records of the Family Court, subject to the appellant complying with the directions regarding payment of arrears and future instalments.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL. 18663/2023
1. Allowed, subject to all just exceptions.
MAT.APP.(F.C.) 94/2023
2. Appellant impugns order dated 16.03.2023 whereby the petition filed by the appellant seeking divorce under Section 13(i)(ia) of The Hindu Marriage Act, 1955 was dismissed due to non compliance of order directing payment of interim maintenance.
3. Learned counsel for the appellant submits that appellant had suffered a setback in his business on account of the COVID pandemic and as such could not clear the entire arrears as directed by the Court. He, however, undertakes that appellant would willing to clear the arrears within the stipulated time.
4. Issue notice. Notice is accepted by the learned counsel appearing for the respondent. With the consent of parties, the matter is taken up for final disposal today.
5. Learned counsel for the appellant undertakes on behalf of the appellant, who is present in Court, that out of the total arrears of Rs.9,50,000/-, a sum of Rs.2,50,000/- shall be paid to the respondent through counsel by tomorrow i.e. 20.04.2023. He further undertakes that the appellant shall clear the arrears in seven equal instalments of Rs.1,00,000/- each payable by the 7th of each English Calendar month commencing from 07.05.2023. This, he undertakes would be over and above the interim maintenance amount directed to be paid monthly. The undertaking is accepted. Learned counsel for the respondent also accepts the aforesaid undertaking.
6. In view of the above, the appeal is allowed. The impugned order dated 16.03.2023 is set aside. The petition filed by the appellant under Section 13(i)(ia) of The Hindu Marriage Act, 1955 is restored on the records of the Family Court. Parties shall appear before the Family Court on 24.05.2023, the date already fixed.
7. Subject to the appellant complying with the aforesaid directions, no coercive action shall be taken against the appellant.
8. Order dasti under signatures of the Court Master.
Non-compliance with maintenance orders under the Hindu Marriage Act does not warrant automatic dismissal of divorce petitions.
For non-compliance of the direction by the appellant in the application under Section 24 of the HM Act, a petition seeking divorce cannot be dismissed. At best it can be adjourned sine die.
The court can make arrangements for maintenance and arrears without prejudice to the rights and contentions of the parties, and can direct the family court to expedite the adjudication of the main pe....
The court has the discretion to modify maintenance orders based on the circumstances, including expenses already borne by the party responsible for payment.
Settlement agreements under the Hindu Marriage Act are lawful and binding on the parties.
The main legal point established is that a wife with no source of income is entitled to interim maintenance under Sec. 24 of the Hindu Marriage Act when any proceeding under the Act is pending.
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