IMPORTANT POINT
The court upheld the maintenance order and emphasized the importance of complying with court orders.

JUDGMENT :

This is an application under Article 227 of the Constitution of India challenging the order dated 28.07.2023 passed by the learned Additional District Judge, Dibrugarh in Misc (J) Case No. 37/2022 arising out of T.S. (D) Case No. 45/2022.

2. From the materials on records, it reveals that the respondent herein as petitioner had filed an application under Section 13(1)(ia)/13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage between the petitioner and respondent. Along with that the respondent herein also sought for a permanent alimony of Rs.30,00,000/- (Rupees Thirty Lakhs). In the said proceeding, written statement has already been filed by the petitioner herein. It is also relevant herein to mention that the respondent herein filed an application seeking maintenance pendent-lite @ Rs.30,000/- (Rupees Thirty Thousand) per month from the date of filing of the said case along with a sum of Rs.20,000/-(Rupees Twenty Thousand) as expenses for the said proceedings. The said application was registered and numbered as Misc (J) Case No. 37/2022.

3. The learned Court of Additional District Judge, Dibrugarh vide the order dated 18.05.2023 after taking account the various details had directed the petitioner herein to pay Rs.30,000/- (Rupees Thirty Thousand) every month to the respondent herein as maintenance for herself and her two minor children without fail. The said order was made effective from the date of filing of the case. However, the prayer of the respondent herein seeking a sum of Rs.20,000/- (Rupees Twenty Thousand) as expenses of the proceedings was rejected at that stage with an observation that the same would be considered at the time of the disposal of the main divorce suit.

4. The petitioner herein being aggrieved, approached this Court challenging the said order dated 18.05.2023 passed in Misc (J) Case No. 37/2022.

5. This Court after hearing the parties vide the order dated 27.06.2023 directed the petitioner herein to pay the monthly educational expense for his two children to the tune of Rs.15,500/- (Rupees Fifteen Thousand Five Hundred) per month and also a sum of Rs.15,000/- (Rupees Fifteen Thousand) being the maintenance to the respondent herein. It is also seen from the perusal of the said order of this Court dated 27.06.2023 that the said order was a consent order. Paragraph 8 of the said order being relevant is reproduced hereunder:

“8. Having considered all the facts and circumstances and also considering the submissions of learned advocates of both sides and also as agreed by them and balancing the equities between the parties, this Civil Revision Petition stands disposed of by directing the petitioner to pay the monthly educational expense for his two children to the tune of Rs.15,500/- per month and also a sum of Rs.15,000/- being the maintenance to the respondent.”

6. This Court further finds it relevant to take note of that the respondent herein had filed an application on 11.07.2023 stating inter-alia that the petitioner herein had not deposited the pendent-lite maintenance of eight months totaling Rs.1,20,000/- (Rupees One Lakh Twenty Thousand) and as such, sought for a direction upon the petitioner herein to clear the balance arrear on the next date and also to regularly pay the pendent-lite maintenance.

7. It further reveals that the petitioner herein had also submitted a petition on 19.07.2023 stating inter-alia that it is a fact that he has deposited Rs.15,000/- (Rupees Fifteen Thousand) towards pendent-lite maintenance for the month of July in the Court as this Court had directed him to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand) as maintenance. It was also mentioned that that so far as the educational expenses are concerned the petitioner herein have been paying the educational expenses regularly separately. Further to that it was mentioned that the liability to pay the maintenance amount commences from 27.06.2023 only and not retrospectively from the date of fili