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DELHI HIGH COURT
VIPIN SANGHI, JASMEET SINGH
Rajesh Kumar Yadav – Appellant
Versus
Seema Yadav – Respondent
| Table of Content |
|---|
| 1. overview of matrimonial and maintenance context. (Para 2 , 4 , 5 , 6) |
| 2. financial disclosures and obligations of parties. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. assessment of income and obligations in maintenance. (Para 13 , 14) |
| 4. criteria for determining maintenance awards. (Para 21 , 22 , 23) |
| 5. evaluation of claims and credibility of parties. (Para 24 , 25 , 26 , 27) |
| 6. final judgment and dismissal of the appeal. (Para 28 , 29) |
JUDGMENT
Jasmeet Singh, J. (Oral)--The present appeal has been filed under Section 19 of the FAMILY COURTS ACT , 1984 read with Section 28 of the HINDU MARRIAGE ACT , 1955 against the order dated 18.12.2020 passed by the Learned Principal Judge, Family Court, South-West, Dwarka, New Delhi in HMA Case No. 655/2017 titled `Rajesh Kumar Yadav vs. Seema Yadav'.
2. Vide the said order, the Family Court has directed the appellant to pay maintenance pendente lite at the rate of Rs.1,00,000/- per month, to the respondent, as well as the two children from the date of filing of the application i.e., 27.01.2018 along with litigation expenses of Rs.21,000/-.
3. The Family Court has further directed that any amount paid by the appellant on account of
Courts must assess maintenance amounts based on the true financial status of the parties, ensuring that the awarded maintenance is reasonable and reflects the family's needs.
The husband is required to disclose his actual income, and the maintenance amount should be commensurate with the parties' prior standard of living.
The main legal point established in the judgment is that the obligation of the husband to provide maintenance is on a higher pedestal than the wife, and adverse inferences can be drawn against a part....
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