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.

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 interim maintenance, during the pendency of the petition would be adjusted in calculating the total amount of arrears.

4. Briefly stated the facts giving rise to the filing of the present appeal are as under.

5. That the marriage between the appellant and respondent was solemnized on 28.02.2000 and out of the wedlock two children,-a boy (Date of Birth: 11.04.2001), and a girl (Date of Birth: 04.03.2006) were born. Both the children are living with the respondent in the house of the father of the appellant.

6. The appellant filed a divorce petition under Section 13(1)(ia) and 13(1) (iii) of the HINDU MARRIAGE ACT , 1955 on 23.08.2016 for dissolution of marriage. The said petition is still pending adjudication.

7. On 27.01.2018, the respondent filed an application under Section 24 of the HINDU MARRIAGE ACT , 1955 seeking maintenance pendente-lite at the rate of Rs.1,43,240/- per month. In addition, the respondent also claimed Rs.1,50,000/- towards litigation expenses.

8. The respondent in the application stated that she does not have any income and, hence, is unable to maintain herself as well as her two minor children. Both the children are studying in Amity School, Gurugram and she has to pay for their education as well as other day to day expenses. It has been stated that even though the respondent is residing in the house of her mother-in-law, she is paying rent to the tune of Rs.20,000/- each month. On the other hand, she had also stated in her application that the appellant is earning Rs.3,50,000/- each month, out of which Rs.25,000/- is being earned as rental income from a commercial property situated at Bawana, Delhi and Rs.3,25,000 is being earned from his business. The respondent in his reply has denied the averments.

9. Both the parties have also filed their income affidavits, before the Family Court, in which the respondent stated that her educational qualification is B.A. (Pass), and she is a housewife. She stated that she is spending Rs.52,500/- per month on the education of the children including school fee, private tuition, entertainment, sports, etc, out of which, only the school fee is being paid by the appellant and the rest is being paid by her. She is spending Rs.20,000/- on rent, Rs.35,000/- on groceries and household items, Rs.6,000/- on electricity, Rs.2500/- on a part time maid, approximately Rs.4500/- on transport etc.

10. On the other hand, the appellant holds a Post-Graduate Diploma in Business Administration and, as per his income affidavit, he is earning Rs.1,00,000/- per month. In addition, he is getting rental income of Rs.35,000/- and an additional Rs.10,000/- per annum from Interests on bank deposits and FDRs.

11. The appellant has further stated that he is running his business through two companies nam