JUDGMENT

SURESH KUMAR KAIT, J

1. The parties to the present petition got married as per Hindu rites on 21.11.1997 and out of this wedlock, two sons presently aged about 23 years and 17 years were born.

2. The present appeal under Section 19 of the Family Court Act, 1984 read with Section 151 CPC has been preferred by appellant-husband assailing the order dated 25.10.2021 passed by the learned Family Court whereby appellant-husband has been directed to pay maintenance of Rs.50,000/- to respondent-wife and children, from the date of filing of the application till final disposal of the petition. In addition, appellant-husband has also been directed to pay rent, electricity, water and grocery bills as well as educational expenses of both the children.

3. The appellant-husband in the present appeal has averred that the conjugal relationship was over in June, 2008 and since the year 2011, the parties are not even on talking terms. The appellant-husband has averred that in April, 2014, he filed a case No.55/2014 under Section 13(1), (1a) and (1b) of the Hindu Marriage Act, 1955, seeking dissolution of marriage by a decree of divorce on the ground of cruelty and desertion before the learned Family Court. As an off shoot, the respondent-wife moved an application under Section 26 of the Protection of Women from Domestic Violence Act, 2005 claiming destitution and direction to the appellant to pay rent, water and electricity charges. Vide order dated 24.11.2014, a short-gap arrangement was made and appellant-husband without going into the merits accepted the same till disposal of the application under Section 26 of the Hindu Marriage Act on merits. The appellant-husband has claimed that thereafter, another application under Section 24 of the Hindu Marriage Act was filed by the respondent-wife. The respondent-wife in her application under Section 24 of the Hindu Marriage Act sought maintenance of Rs.1,62,500/- per month exclusive of rent, electricity and water charges from appellant-husband. Both the parties were directed to file their income affidavits before the learned Family Court. However, despite appellant’s application and directions by the Family Court, the respondent-wife did not file the income tax affidavit in terms of guidelines mentioned in Kusum Sharma Vs. Mahender Kumar Sharma, thereby respondent-wife concealed material information and documents from the Court.

4. The appellant-husband filed an application under Section 340 Cr.P.C against respondent for committing perjury and the learned Family Court vide order dated 19.02.2020 directed respondent-wife to file her reply, however, the same has not been filed till date. The appellant-husband also filed an application under Section 12 Rule 6 read with Section 151 CPC praying for dissolution of marriage and rejection of application under Section 24 of the Hindu Marriage Act filed by respondent-wife, on the ground of hiding material facts and obtaining order dated 24.11.2014, where-under appellant had consented to pay interim maintenance Rs.77,000/- prior to filing of affidavits of income by the parties.

5. Learned Principal Judge vide order dated 25.10.2021 held that the appellant’s total income was Rs.2,31,000/- per month and directed him to pay a sum of Rs.50,000/- per month to respondent-wife and children. Besides, appellant has also been directed to pay rent, water, electricity, grocery bills and educational expenses. Thereby, according to appellant, he has been directed to pay approximately Rs.1,30,000/- per month towards maintenance of respondent-wife and his children.

6. The challenge to the aforesaid order dated 25.10.2021 by appellant- husband is on the ground that the impugned order is arbitrary and unjust, as learned Principal Judge has contrived his income as Rs.2,31,000/- per month in the year 2018 which was prior to paying of tax. The appellant is paying monthly rental of Rs.49,500/- per month for the tenanted residential accommodation, which is a 3 BHK Apartment, wher