SUPREME COURT OF INDIA
Pankaj Mithal, S.V.N. Bhatti, JJ
Amit Bhatia – Appellant
Versus
Priya Bhatia – Respondent
Petition for Special Leave to Appeal (Crl.) No. 16370/2024 | Diary No. 46145/2024
| Table of Content |
|---|
| 1. procedural compliance for condoning delays in filing. (Para 1 , 2) |
| 2. non-interference with interim maintenance orders based on existing income prima facie evidence. (Para 3 , 4 , 5) |
| 3. direction for expedited final adjudication of maintenance claims. (Para 6 , 7) |
O R D E R
1. Delay condoned in Diary No. 46145/2024.
2. Heard learned counsel for the parties.
3. The Family Court by an order dated 30.05.2024 awarded interim maintenance at the rate of Rs. 48,000 (Rupees forty-eight thousand only) per month to each of the applicant i.e., wife and two children cumulatively amounting to Rs. 1,44,000/-(Rupees one lakh forty-four thousand only) with effect from the date of the application i.e., 13.01.2017. The aforesaid order has been confirmed by the High Court by the order impugned dated 18.10.2024.
4. The High Court has returned a prima facie finding that the petitioner is drawing salary of around Rs. 2,50,000/- (Rupees Two lakh and Fifty Thousand Only) and therefore, the amount of interim maintenance is not liable to be interfered with.
5. In the facts and circumstances of the case, we see no reason to interfere with the impugned order(s) in exercise of our power under Article 136 of the Constitution of India.
6. Accordingly, the Special Leave Petitions stand dismissed with direction to the Family Court to proceed and decide the maintenance matter filed under Section 125 of the Code of Criminal Procedure, 1973 finally, in accordance with law, most expeditiously, preferably within a period of six months.
7. Pending application(s), if any, shall stand disposed of.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.