Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1267 ; 2021 Supreme(Del) 833

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Gaurang Kanth, JJ.
Shri Janardhan Sharma – Appellant
Versus
Smt. Priyanka Shaw – Respondent
MAT APP. (F.C.) 107 of 2023 & CM. Appl. 20692 of 2023
Decided On : 26-04-2023

Advocates appeared:
Mr. Vivek Vidyarthi, Mr. Suvigya Vidyarthi, Mr. Shivang Khanna, Mr. Prabhleen Kaur Gill, Mr. yash and Mr. Satvik, Advocates, for the Appellant.
None, for the Respondent.

The Family Court must consider maintenance applications on merits and take into account the appellant's statement of accounts at the time of disposal of the application.

Headnote:
Maintenance - Family Court - The court directed the appellant to file a statement of accounts indicating the amount payable as per the order dated 13.10.2022 and the payments made by the appellant after the said date. The Family Court was directed to consider the application on merits and take the account statement into account at the time of disposal of the application.
Fact of the Case:

The appellant challenged the order of the Family Court which adjourned the application seeking exoneration from payment of arrears and future maintenance, with a direction that no evidence shall be recorded till further orders.
Finding of the Court:

The court declined to interfere with the Family Court's order, but directed the appellant to file a statement of accounts and instructed the Family Court to consider the application on merits.
Issues: The main issue was the appellant's request for exoneration from payment of arrears and future maintenance, and the Family Court's decision to adjourn the application.
Ratio Decidendi: The court emphasized the need for the Family Court to consider the application on merits and take into account the appellant's statement of accounts at the time of disposal of the application.
Final Decision: The appeal was disposed of, with the court clarifying that it had not considered or commented upon the merits of the contentions of either party, and reserved all rights and contentions of the parties.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

1. Appellant impugns order dated 21.02.2023, whereby the application filed by the appellant, seeking exoneration from payment of arrears and future maintenance as directed by the Family Court on 13.10.2022, has been adjourned for hearing on 02.05.2023 with a direction that no evidence shall be recorded in the case till further orders.

2. Learned counsel for appellant submits that the Family Court has erroneously recorded that no payment has been after 13.10.2022. He further submits that appellant has a strong case on merits to contend that respondent is disentitled for grant of any maintenance and for the said purpose, subject application was filed.

3. We notice that the Family Court has put up the application for consideration on 02.05.2023, which is only six days from today. Consequently, we are not inclined to interfere with the said order.

4. Family court shall, however, consider the application on merits. Appellant is directed to file his statement of accounts indicating the amount payable as per the order dated 13.10.2022 and the payments made by the appellant after the said date. Said account statement be filed before the Family Court with advance copy to learned counsel for the respondent. Family Court shall take the same into account at the time of disposal of the application on 02.05.2023 or as soon thereafter as may be permissible by the board position of the Family Court.

5. No further orders are called for in the appeal. The appeal is disposed of, however, it is clarified that this Court has neither considered, nor commented upon the merits of the contentions of the either party and all rights and contentions of the parties are reserved.

6. Dasti under signature of the Court Master.

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