The appellant challenged a maintenance order against the respondent. The court found the appellant admitted owning a flat rented for Rs.6000/month and holding agricultural land. The mediation attempt failed. The court held there was no infirmity in the order and dismissed the appeal.
Petition dismissed with no allowance of the appellant's claim.
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Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data i s as p er the physical file and no page is missing.
they continuedto hve togethertill 29'^ May, 1998. However,the application for maintenance was filed by the Respondent No.2 only in October, 2004 fortifyingthe contentionof the Petitionerwhen she could maintainherself properly. The said applicationwas a counter-blastto the petitionfor divorce filed by the Petitioner in the year 2002.
page 10 para 16 has admittedthathe owns a flat situatedat VasantKunj and the same has been rented out by him for Rs.6000/- per month. Thus in view of this admission of the Petitioner his claim that from the pension he cannot give the RespondentNo. 2,the maintenanceas directed,is falsified. Further, the Petitionerhas agriculturalland at Islampurwherefromhe is also getting
regular income.
MUKTA GUPTA,J
DECEMBER 05, 2011 'dk'
3 issues framed by the court
Whether the impugned maintenance order suffers from any infirmity given the appellant's admitted rental income and land assets.
Whether the appellant is financially capable of paying the directed maintenance amount in view of his pension and other assets.
Whether the dispute in a matrimonial matter requires quashing of the lower court order after mediation failed.
Petitioner
MUKTA GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
