The maintenance amount must ensure adequate support for the dependent spouse and children without imposing an unreasonable burden on the payer, considering the financial circumstances of both parties.

JUDGMENT

Anu Malhotra, J. The petitioner vide the present petition seeks the setting aside of the impugned judgment dated 06.11.2017 of the Court of the learned ASJ Saket Courts, New Delhi in CRL.A. 204/17, vide which an appeal filed by the respondent to the present petition against an order dated 24.11.2016 of the Trial Court of the learned MM-02, South, Saket Courts in CC No. 594/1/14 seeking ad interim relief of maintenance against her husband i.e. the petitioner herein, whereby, the Trial Court had directed the husband/petitioner to continue to pay Rs.6,000/- per month to the complainant/wife i.e. the respondent herein for household expenses and the husband i.e. the petitioner herein was also directed to continue to bear other expenses which he had been paying voluntarily i.e. medical bills, electricity, water, gas, mobile/telephone, maintenance and repair of household expenses and the husband i.e. the petitioner herein was also directed to additionally pay school tuition fees of his children as per the schedule of payment of the school, qua which order challenged by the wife i.e. the respondent herein vide CRL.A. 204/17 whereby, the wife i.e. the respondent to the present petition had sought enhancement of the amount of maintenance, was disposed of with directions to the petitioner herein to pay the maintenance at the rate of Rs.15,000/- per month as claimed by the wife with directions also to the husband i.e. the petitioner herein to continue to pay the school fees of the children and to bear the medical expenses of his wife and children as the same were reimbursable from his department apart from directing the petitioner herein to make the payment of the overdue arrears of the school fees in instalments as directed by the Trial Court.

2. The petitioner herein has submitted that the impugned judgment dated 06.11.2017 of the Appellate Court leaves the petitioner herein in an impossible financial situation and that the impugned order places an excessive unjust, arbitrary and disproportionate financial burden on him which on the face of the record is beyond his paying capacity.

3. Vide order dated 15.01.2018 whilst issuing notice of the petition to the respondent/wife, it was directed that the petitioner would pay Rs.8,000/- instead of Rs.15,000/- as ordered, which order has not been varied till date.

4. CRL.M.A. 30991/2018 has however been filed by the respondent seeking recall of the order dated 15.01.2018 submitting to the effect that she, the respondent has been placed under immense financial strain because of this order and that she has the responsibility of looking after her two minor children and providing for the education and other expenses, which is not possible in a meagre amount of Rs.8,000.

5. The present petition and CRL.M.A. 30991/18 are thus being taken up together for adjudication, in view of the proceedings dated 25.10.2021 when the matter was heard in toto qua CRL.M.C. 182/2018 as well as CRL.M.A. 30991/2018, the said or