* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: August 10, 2023 Pronounced on: October 09, 2023 + MAT.APP.(F.C.) 133/2022 & CM APPL. 3439/2023 SUNNY BEDI ALIAS RAJBIR BEDI ..... Appellant Through: In person with Mr. Rahul Raj Verma & Mr. Shivom Garg, Advocates Versus HARPREET SINGH ..... Respondent Through: In person with Advocate (appearance not given) CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
SURESH KUMAR KAIT, J
1. The present appeal under Section 28 of the Hindu Marriage Act, 1955 has been filed by the appellant-husband against the judgment and order dated 18.04.2022 passed by the learned Principal Judge, Family Court, New Delhi whereby he has been directed to pay interim maintenance of Rs.20,000/- per month to respondent-wife from the date of filing of the petition being HMA No.399/2019 titled as “Harpreet Kaur Vs. Sunny Bedi @ Rajbir Bedi”, till disposal of the case on merits.
2. The facts giving rise to the present appeal are that the parties to the present petition got married on 09.04.2014 as per Hindu Rites and MAT.APP.(F.C.) 133/2022 Page 1 of 10 Signature Not Verified Digitally Signed ceremonies. Prior to their marriage, they were known to each other having been met in Gold Gym in the year 2010. On 11.10.2011, the appellant met with a serious accident due to which he lost his leg. During his hospitalization, respondent used to visit him in the hospital. According to the appellant in the year 2014, respondent pressurized him to marry her. Accordingly, parties got engaged on 02.02.2014 and their marriage was solemnised on 09.04.2014. The appellant has alleged that the respondent had not disclosed her family members about appellant’s disability and upon coming to know on the day of marriage, they pressurized her to break the marriage and start a new life. However, respondent calmed the appellant and trust the almighty and convinced him that she will take care of everything.
3. After their marriage, parties shifted to a rented apartment near the home of the parents of the appellant. The appellant has alleged that respondent was very well aware that he was handicapped and was only son of his parents, however, respondent on one pretext or the other, used to fight with him and other family members. With the passage of time, the relations between the appellant and respondent turned worse. On 08.06.2015, respondent left the appellant to fend himself in the rented apartment and thereafter never turned back to her matrimonial home. Due to this, the appellant claims to have suffered great shock and again met with an accident on 24.06.2016 and remained hospitalized in Batra Hospital till 12.07.2016. However, the respondent never ever visited him even in such critical condition.
4. On 30.05.2019, respondent filed a divorce petition under Section 13 (1) (i-a) & (i-b) of the Hindu Marriage Act, 1955. During pendency of the said petition, respondent filed an application under Section 24 of the Act MAT.APP.(F.C.) 133/2022 Page 2 of 10 Signature Not Verified Digitally Signed claiming interim maintenance from the appellant-husband. The aforesaid application under Section 24 of the Act was decided by the learned Family Court vide impugned order dated 18.04.2022 inter alia holding as under:
“Accordingly, keeping in view the status of parties, their respective needs, capacity of the non applicant/husband to pay, his own expenses, his liabilities and also keeping in view the facts and circumstances of the case, the application under section 24 of HMA filed by the petitioner is disposed of, thereby directing the respondent to pay a sum of Rs. 20,000/- per month to the petitioner from the date of filing of the petition till the disposal of the case on merits. The respondent/husband is directed to clear the arrears of maintenance within 3 months from today in equal installments and to pay the monthly maintenance after the date of orders by way of money order or by deposit in the bank account of the petitioner on furnishing the account number of the same by or before 10th date of each calendar month. It is further made clear that as per settled Law, the petitioner shall be entitled to receive the maintenance to the highest amount the various allowances, if any, awarded to her by various courts.”
5. The aforesaid order dated 18.04.2022 passed by the learned Family Court has been assailed in the present appeal by the appellant-husba
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