Lalit Chaturvedi (Dr. ) vs Dipali Sahu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(MP) 435

SANJEEV SACHDEVA, VINAY SARAF
Lalit Chaturvedi (Dr. ) – Appellant
Versus
Dipali Sahu – Respondent

Advocates:
Manoj Chaturvedi for appellant;
Deepak Panjwani for respondent No. 1.

ORDER

Sachdeva, J. -- 1. Appellant impugns orders dated 30.4.2024 and 1.10.2021, whereby in an execution proceeding, employer of the appellant has been directed to furnish the income details of appellant to respondent.

2. Respondent had filed the subject execution seeking execution of the order of maintenance dated 4.3.2017 assessing interim maintenance under section 36 of the SPECIAL MARRIAGE ACT , 1954 (hereinafter referred to as "the Act") @ 6,000/- per month.

3. Contention of learned counsel for appellant is that the order passed under section 36 of the Act is not executable in terms of section 39A of the Act. He further submits that a sum of Rs.48,000/- has been deposited in the proceeding under the Domestic Violence Act and a sum of Rs.2,90,000/- was paid in cash to the respondent and she had not claimed adjustment on either of the said amount.

4. Appellant and respondent were married but on account of certain disputes they separated and have been living separately since February, 2016. Appellant filed a proceeding for divorce under the Act, in which, by order dated 4.3.2017 interim maintenance @ 6,000/- per month was fixed by the Court in exercise of powers under section 36