Usha v. Balraj Singh
Case brief
What is this about?
The Court set aside a Family Court maintenance order for failing to record reasons for the quantum. The matter was remitted to re-assess maintenance post-retirement, directing interim payment until the fresh order is passed.
What did the court decide?
Impugned order set aside and matter remitted to Family Court for fresh assessment; interim direction to respondents to continue payment of ₹10,000.
What the court decided
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.REV.P. 628/2013
USHA ..... Petitioner Through: Ms.Ravi Prabha, Advocate.
versus
BALRAJ SINGH ..... Respondent Through: Mr.N.S.Dalal, Advocate.
CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR
%
O R D E R 03.09.2015
Heard the counsel for the parties.
The petitioner/wife has made a grievance that despite the Family Court assessing the income of the respondent at Rs.60,000/per month, a maintenance amount of only Rs.10,000/- has been awarded in her favour. It is stated on behalf of the petitioner that there are no children born out of the wedlock and the amount of Rs.10,000/as monthly maintenance is too meagre to be accepted. It has further been submitted that the respondent has other properties apart from the salary which he has been receiving during the tenure of his appointment.
Issues for consideration
2 issues framed by the court
Whether the Family Court's maintenance order can be sustained when it recorded no reasons for the assessed quantum?
Whether the maintenance award should be re-evaluated in light of the respondent's recent retirement and reduced pension income?
Parties & counsel
- petitioner
Usha
- respondent
Balraj Singh
Coram
Ashutosh Kumar
Case details
As recorded by the court registry
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