Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(DEL) 10916

MAT.APP.(F.C.) 87/2019 and connected
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 22.02.2024
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Judgment pronounced on: 28.03.2024
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MAT.APP.(F.C.) 87/2019 & C.M. No. APPL. 13356/2019, C.M.
APP. 407/2020, C.M. APP. 3144/2023, CM APPL. 42129/2023, CM
APP. 50290/2023, CM APP. 50354/2023, CM APP. 50361/2023, CM
APP. 50363/2023
SANJAY KUMAR BARANWAL
..... Appellant
Through:
Mr. Hargovind Jha, Advocate along
with appellant.
versus
BHAVNA KUMARI
..... Respondent
Through:
Mr Rajnish Ranjan and Mr Shivansh
Srivastava, Advocates.
+
MAT.APP. (F.C.) 159/2019 & C.M. No. APPL. 27111/2019
BHAVNA KUMARI
..... Appellant
Through:
Mr Rajnish Ranjan and Mr Shivansh
Srivastava, Advocates.
versus
SANJAY KUMAR BARANWAL
..... Respondent
Through:
Mr. Hargovind Jha, Advocate along
with appellant.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]

The court's decision was based on the assessment of the financial circumstances of the parties and the change in the elder daughter's earning capacity, leading to the modification of the interim maintenance payable by the Husband.

Headnote:
Maintenance - Hindu Marriage Act - The court modified the interim maintenance payable by the Husband from Rs.66,000/- to Rs.44,000/- per month with effect from July 2023
Fact of the Case:

The Husband filed an appeal seeking setting aside/modification of the impugned order for interim maintenance, while the Wife filed an appeal seeking enhancement of the interim maintenance from Rs.66,000/- per month to Rs.1,25,000/- per month. The Family Court had directed the Husband to pay Rs.66,000/- per month as pendente lite maintenance to the Wife and two daughters until the disposal of the divorce petition filed by the Husband under Sections 13(1)(ia) of the Hindu Marriage Act, 1956.
Finding of the Court:

The court found that the elder daughter had started earning in July 2023, and the Husband's financial situation did not warrant the payment of Rs.66,000/- per month as interim maintenance. Therefore, the court reduced the interim maintenance payable by the Husband to Rs.44,000/- per month with effect from July 2023.
Issues: The issues revolved around the Husband's appeal for modification of the interim maintenance order based on change in circumstances, including the elder daughter's earnings, the Husband's reduced salary, rental expenses, medical ailments, and the Wife's ability to make her own living.
Ratio Decidendi: The court considered the financial circumstances of both parties, the elder daughter's earnings, and the Husband's reduced salary to determine the appropriate amount for interim maintenance.
Final Decision: The court sustained the impugned order with the modification of reducing the interim maintenance payable by the Husband to Rs.44,000/- per month with effect from July 2023. The arrears of maintenance, if any, were to be cleared by the Husband within four weeks from the date of the judgment, and the Family Court was directed to expeditiously decide the divorce petition filed by the Husband in 2018.

AMIT BANSAL, J.:

Both the appeals arise out of the same impugned order.

Digitally Signed By:DINESH

KUMAR

Signing Date:28.03.2024

11:59:44

Signature Not Verified

MAT.APP.(F.C.) 87/2019 and connected

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MAT.APP. (F.C.) 87/2019, has been filed by Mr Sanjay Kumar

Baranwal (‘Husband’) seeking setting aside/modification of the impugned

order dated 29 ^th January, 2019, passed by the learned Judge, Family Courts,

Dwarka, New Delhi (‘Family Court’) whereby the application filed by the

Mrs Bhavna Kumari (‘Wife’) under Section 24 of Hindu Marriage Act, 1956

(‘HMA’) was disposed of, directing the Husband to pay a cumulative sum of

Rs.66,000/- per month (Rs.22,000/- each to the Wife and the two daughters)

as pendente lite maintenance, until the disposal of the divorce petition filed

by the Husband under Sections 13(1)(ia) of the HMA.

MAT.APP. (F.C.) 159/2019, has been filed by the Wife seeking

enhancement of the interim maintenance from Rs.66,000/- per month to a sum

of Rs.1,25,000/- per month.

Briefly stated, the facts of the case are set out hereinafter. The parties

got married on 8 ^th March 2000, as per Hindu rites and ceremonies. Two

children were born from the said wedlock on 13 ^th March 2001 and 15 ^th April

2006 respectively. Disputes arose between the parties in March 2018, which

resulted in multiple rounds of litigation.

The present petition arises from a petition filed by the Husband seeking

dissolution of marriage under Section 13(1)(ia) of the HMA, before the

Family Court. During the pendency of the divorce petition, the Wife moved

an application under Section 24 of HMA, seeking interim maintenance at the

rate of Rs.1,25,000/- per month.

By way of the impugned order, the Family Court assessed the monthly

disposable income of the Husband in the range of Rs. Rs.1,10,000/- per month

and directed the Husband to pay a cumulative sum of Rs.66,000/- per month

as interim maintenance, Rs.22,000/- each, to the Wife and the two daughters.

Digitally Signed By:DINESH

KUMAR

Signing Date:28.03.2024

11:59:44

Signature Not Verified

MAT.APP.(F.C.) 87/2019 and connected

Page 3 of 7

The operative portion of the order passed by the Family Court has been set

out below:

“

18 The petitioner has no other liability except to maintain himself as well as his wife and both the children.

Thus, entire disposable income of the petitioner of Rs. 1,10,000 is required to be divided into 5 equal shares. Out of which one share is required to be given to respondent / wife Bhavna Kumari, one share to his daughter Ms. Sanhita Kumari, one share to his son Master (SIC) Shreya Sargam, one share to the petitioner and one additional share to the petitioner for his day to day needs and expenses. Thus, respondent is entitled to receive a total sum of Rs.66,000/- per month towards pendente lite maintenance from the petitioner.

In view of the above facts and circumstances, the application filed

by the respondent is allowed . The petitioner is directed to pay a sum of

Rs.66,000/- per month as pendente lite maintenance to the respondent

from the date of filing of application till the disposal of petition.

The petitioner shall make the payment of arrear of maintenance

within a period of three months from today. Any amount paid by the

petitioner to the respondent as maintenance under the order of any court

or otherwise shall be adjusted against the arrears. The application is

accordingly disposed of. ”

Assailing the impugned order passed by the Family Court, both parties

have approached this Court by way of the present appeals.

In the appeal filed by the Husband, the predecessor bench passed a

detailed order dated 9th May, 2019, directing the Husband to pay a sum of

Rs.66,000/- per month to the Wife including the school fees of the children

and also directed him to clear arrears of maintenance awarded by the Family

Court within 6 weeks. Furth

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