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2023 Supreme(Del) 3767

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Kulbir Singh – Appellant
Versus
Sangeeta – Respondent


Advocates appeared:
Mr. Rahul Sharma, Mr. Swapnil Jain, Mr. Deepak Ghai and Mr. S.M. Popli, Advocates with Appellant in person.
Mr. Manjeet Mathur, Advocate with Respondent in person.
Daughter of the parties in person.

JUDGMENT (Oral)

Suresh Kumar Kait, J. The present appeal under Section 28 of Hindu Marriage Act, 1955 (hereinafter referred to as 'HMA, 1955') read with Section 19 of the Family Court Act, 1984 has been filed against the Orders dated 11.04.2022 and 01.04.2023 vide which the interim maintenance for a sum of Rs.15,000/- has been awarded to the respondent/wife and her daughter, under Section 24 of Hindu Marriage Act, 1955.

2. The facts in brief are that the parties got married on 18.02.1999 and one daughter namely Miss Disha was born out of the said wedlock on 27.03.2000. The divorce petition has been filed by the appellant/husband in the year 2016 which is pending adjudication in the Family Court. The respondent/wife filed an application under Section 24 of the HMA, 1955 and after considering the rival contentions, it was observed that the appellant had disclosed his salary as 53,414/- in July 2018 and his income as per his Income affidavit dated 22.02.2022 was Rs.56,476/- per month. The appellant had explained his expenditure which included monthly instalment of Rs.17,618/- qua Housing Loan.

3. The respondent has explained her monthly expenses to be around 37,000/- per month which

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