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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 05.12.2025

Judgment pronounced on: 23.12.2025

Judgment uploaded on: 23.12.2025

+ MAT.APP.(F.C.) 370/2023, CM APPL. 5211/2022, CM APPL.

23129/2023, CM APPL. 40614/2023, CM APPL. 40616/2023,

CM APPL. 56548/2025, CM APPL. 56549/2025 & CM APPL.

72766/2025

SURANJAN SAHA .....Appellant

Through: Dr. Monika Singhal and Mr.

Abhishek Gautam, Advs.

versus

RUMPA SAHA .....Respondent

Through: Ms. Garima Bharadwaj

(DHCLSC) along with the

Respondent in-person through

VC.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN

SHANKAR

J U D G M E N T

ANIL KSHETARPAL, J.

1. This Appeal under Section 19 of the Family Courts Act, 1984

[hereinafter referred to as ‘FCA’] assails the order dated 22.03.2021

[hereinafter referred to as ‘Impugned Order’] passed by the Family

Court, Dwarka, Delhi, in I.A. 1/2021 in HMA No. 354/2020 captioned

Suranjan Saha v. Rumpa Saha, whereby the application filed by the

Respondent for maintenance pendente lite in the Appellant’s divorce

petition was allowed, and the interim maintenance @ ₹25,000/- per

Signature Not Verified

Signed By:SAVITA

PASRICHA

Signing Date:23.12.20M25AT.APP.(F.C.) 370/2023 Page 1 of 10

12:52:53

month each to be paid to the Respondent-Wife and their daughter was

ordered after noting that the Appellant is earning net monthly income

@ ₹1,44,932/-, while working as Senior Advisor in M/s Dell

International Services India Pvt. Ltd.

2. This Appeal was initially filed as a Petition under Article 227 of

the Constitution of India [CM(M) 96/2022]. However, pursuant to the

judgment by a Coordinate Bench of this Court in Manish Aggarwal v.

Seema Aggarwal & Ors., 2012 SCC OnLine Del 4816, wherein it was observed that the said

Impugned Order is appealable under Section 19 of the FCA, the same

was re-numbered as an Appeal by this Court vide order dated

30.11.2023 with the approval of Hon’ble the Acting Chief Justice,

thereby converting it to MAT.APP. (F.C.) 370/2023.

3. Brief facts leading to the present Appeal are that, the marriage

between the Appellant and the Respondent was solemnised on

19.01.2001 at Jabalpur, Madhya Pradesh, in accordance with Hindu

rites and ceremonies. A daughter was born out of the said wedlock on

23.04.2004, who has been in the care and custody of the Respondent-

Wife. Due to differences and acrimony between the parties, they have

been living separately since 2015.

4. On 04.02.2020, the Appellant-Husband herein approached the

Family Court and filed for divorce under Sections 13(1)(ia) and (ib) of

the HMA. Pending the adjudication of the divorce petition, the

Respondent-Wife filed the aforesaid interlocutory application (I.A.

1/2021) on 18.09.2020, praying for directions to the Appellant to pay

maintenance pendente lite @ ₹35,000/- per month, in addition to the

Signature Not Verified

Signed By:SAVITA

PASRICHA

Signing Date:23.12.20M25AT.APP.(F.C.) 370/2023 Page 2 of 10

12:52:53

sum of ₹12,000/- per month and ₹3,000/- (towards school fees)

already being paid by him. Effectively, the Respondent sought a total

sum of Rs. 50,000/- per month for the sustenance of herself and their

daughter.

5. The Family Court, vide the Impugned Order dated 22.03.2021,

allowed the application of the Respondent and directed the Appellant-

Husband to pay ₹25,000/- per month each to the Respondent-Wife and

their daughter in their bank accounts separately, as maintenance

pendent lite, payable from the date of filing of the application till the

disposal of the divorce petition and further held that any amount paid

by the Appellant herein to the Respondent for her maintenance or for

the educational expenses of their daughter from the date of filing of

the application, till date, shall be adjusted against the arrears.

Aggrieved thereby, the Appellant has preferred the present Appeal.

6. The learned counsel for the Appellant assails the Impugned

Order primarily on the ground that the Family Court erred in not

following the guidelines laid down by the Hon’ble Supreme C