*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 21.11.2013

Pronounced on: 20.12.2013

+

FAO 143/2013, C.M. NO. 4725/2013

VIKAAS AHLUWALIA

..... Appellant

Through: Sh. Y.P. Narula, Sr. Advocate with Sh.

Aniruddha Choudhary and Sh. Abhey Narula,

Advocates.

Versus

SIMRAN AHLUWALIA

..... Respondent

Through: Sh. Kirti Uppal, Sr. Advocate with Sh.

Manish

Saryal,

Ms.

Sushma

Unni

and

Sh.

Anshumaan Sahni, Advocates.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT

HON'BLE MR. JUSTICE NAJMI WAZIRI

MR. JUSTICE S. RAVINDRA BHAT

%

1.

The present appeal, arising out of matrimonial proceedings, has

been filed by the respondent/husband, who impugns an order dated

08.02.2013 of the Family Court, Saket, New Delhi in an application

under Sections 24 and 26 of the Hindu Marriage Act, 1955 (hereafter

“HMA”) in pending matrimonial proceedings, i.e. HMA 134/2011.

The Family Court directed the husband to pay `1,25,000/- per month

as interim maintenance to the wife and a further sum of `1,00,000/- as

litigation expenses. The husband/appellant today claims that the

direction given is beyond his means, since his salary is `13,88,862/-

2013:DHC:6573-DB

before tax deduction. After deduction, he claims that his net income is

approximately `10.90 lakhs.

2.

The

parties

to

the

litigation

married

on

26.11.2001

in

accordance with Hindu rites and customs. Given that the marriage was

against the husband’s parents’ wishes, the couple was living

separately in a rented accommodation at Jal Vayu Vihar, Gurgaon,

after marriage. It is alleged that in April-May, 2001, the husband met

his parents at the wife’s instance as she was pregnant and needed to be

cared for. The husband’s parents allowed the parties to reside with

them at B-10, Saket, New Delhi after various ceremonies, celebrations

and pujas. On 04.09.2002, the baby was born to the parties and her

arrival was celebrated by the family. However, it is claimed that after

living together in the husband’s parents’ house for some time, the

couple developed differences, and consequently, in March, 2008, they

separated and the wife moved to her parental home in Gujrat Vihar,

along with the minor daughter. The husband’s father had purchased a

residential high-end apartment at ATS Green, Noida in his name for

the wife’s residence and he gave her money to furnish it. The wife,

however, refused to shift into the apartment allegedly claiming that it

had not been purchased in her name. Thereafter, she filed a petition

for restitution of conjugal rights under Section 9 of the HMA on

01.09.2008 against the Appellant, being HMA 247/08 in the

Karkardooma Court. That petition and the interim maintenance

application

were

withdrawn

on

04.07.2009,

when

the

appellant/husband agreed to live with the respondent/daughter keeping

in view the welfare of their daughter.

2013:DHC:6573-DB

3.

Subsequently, the appellant claimed the custody of his daughter

under Section 25 of the Guardians and Wards Act (G.P. No.8/2008)

which is pending in the Court of the Guardian Judge, Karkardooma

Court, Delhi. The wife filed a criminal complaint on 14.07.2009,

against the husband, his parents and married sisters, which according

to the husband, was false and frivolous. The wife, thereafter, on

25.08.2009, acting for herself and as a guardian of the minor daughter

of the parties, filed a suit for maintenance and separate residence

under the Hindu Adoptions and Maintenance Act,1956 before this

Court (hereafter called “the maintenance suit”). An application

seeking an interim monthly maintenance of `5,00,000/- was also filed

in that suit. The Court by order dated 05.03.2013 awarded `75,000/-

per month as the interim maintenance, (in the maintenance suit) which

the appellant has started to comply with. The wife, acting as a next

friend of the minor daughter of the parties, also filed a suit for

partition against all the family members, being Suit No. 2202/2011

and same is pending till date.

4.

The husband, claiming that the marriage of the parties had