This appeal challenged an order awarding monthly maintenance to a wife who claimed no independent income during pendency of separation proceedings. The court rejected the appellant's plea that she had earnings and dismissed the appeal.
Maintenance of Rs.1,00,000/- per month to the wife and Rs.30,000/- each to two children was maintained; appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Reserved:
Court No. - 21
Case :- FIRST APPEAL No. - 307 of 2019 Appellant :- Abhilash Menon Respondent :- Deepti Ummat Counsel for Appellant :- Ghanshyam Das Mishra
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
(Delivered by Hon'ble Rohit Ranjan Agarwal, J.)
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an application under Section 24 of the Hindu Marriage Act for maintenance pendente lite and expenses of proceedings. In the said application, she categorically stated in Paragraph No.5 that she does not have any source of income, and was staying with her parents and was dependent upon them for her financial support. She further stated that appellant was working as Group Financial Controller-Internal Controls, MCN, PO BOX No 6834 Tecom, Dubai and was getting a salary of AED Rs.39,000/-, which is equivalent to Rs.7,10,000/- per month. In addition to the said salary, he was getting a bonus of approximately Rs.66,000/- per month. Further appellant had income from various investments made by him. In Paragraph 6 & 7 of the application, the entire facts regarding income and expenses of appellant was given.
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Uvika and Master Rudra are entitled to Rs.30,000/- each per month and, further granted lumpsum litigation expenses of Rs.50,000/-. Further it was provided that the amount of Rs.65,000/awarded under Section 23 of the Protection of Women from Domestic Violence Act, 2005 will be given set off in the amount so awarded.
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getting any return from those business. This fact has been replied by the appellant in Paragraph No.5 of his reply, in which he has categorically stated that “The Complainant is competent and qualified and is believed to be in earning INR 4-5 lacs P.M. and the complainant jointly alongwith her father is doing some investment business and other business.”
Order Date :- 7.5.2019 S. Singh
2 issues framed by the court
Whether maintenance under Section 24 of the Hindu Marriage Act can be awarded when the respondent claims no independent source of income.
Whether an order granting interim maintenance by a Domestic Violence Act tribunal precludes a subsequent maintenance order under the Hindu Marriage Act.
3 provisions across 2 enactments
Abhilash Menon
Deepti Ummat
Pradeep Kumar Singh Baghel
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
