Dismissed

Anil Kumar v. Poonam

Delhi HC13 May 2024MAT.APP.(F.C.)/161/2024

Case brief

AI extract

What is this about?

The High Court of Delhi dismissed the appellant's appeal against an interim maintenance order due to uncondoned delay. The court noted the delay in filing the appeal but clarified that this dismissal would not prevent the appellant from separately moving the Family Court to vary the maintenance award based on admissions.

What did the court decide?

Application for condonation of delay dismissed; Appeal closed; Pending applications in Family Court remain open for disposal on merits.

Anil Kumar Vs Poonam — Maintenance and Alimony | Delhi HC (2024)

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$~33

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- MAT.APP.(F.C.) 161/2024 & CM APPL. 28254/2024

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ANIL KUMAR ..... Appellant Through: Mr Yashreet Singh, Advocate. versus POONAM ..... Respondent Through: Ms Preeti Singh, Mr Sunklan Porwal and Ms Shefali Menezes, Advocates. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 13.05.2024

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[Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 28252/2024

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Allowed, subject to just exceptions.

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CM APPL. 28253/2024 [Application filed on behalf of the appellant seeking condonation of delay in filing the present appeal]

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This application has been filed seeking condonation of delay.

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According to counsel for the appellant/husband, there is a delay of 251 days.

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Ms Preeti Singh, learned counsel, who appears on behalf of the respondent/wife, says that the delay is, in fact, much larger.

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We have perused the contents of the application. Apart from adverting to the fact that the review application had been filed, no other reasons have been furnished for the delay in filing the instant appeal.

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To be noted, the Family Court, via judgment and order dated MAT.APP.(F.C.) 161/2024 Page 1 of 3

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/05/2024 at 12:13:53

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16.05.2023, disposed of the application preferred by the respondent/wife under Section 24 of the Hindu Marriage Act, 1955 [in short, “HMA”].

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Via the impugned judgment and order, the respondent/wife was awarded interim maintenance of Rs.5,316/- per month, commencing from the date of application.

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As per the direction issued by the Family Court, maintenance has to be paid every 10^th of every month.

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The record shows that the review petition was dismissed on 17.08.2023.

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This appeal was filed on 21.02.2024.

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Having regard to the aforesaid, we are not inclined to condone the delay. It is, however, made clear that this will not impact the merits of the divorce petition pending before the Family Court.

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We are also informed by the counsel for the appellant/husband that given the admissions made by the respondent/wife in her divorce petition, the appellant/husband intends to move the Family Court via an appropriate application.

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Needless to add, if such an application is moved, it will be examined on its own merits.

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13.1 Dismissal of the condonation application and the appeal will not come in the way of the disposal of such an application on merits.

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Accordingly, the present application is dismissed.

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MAT.APP.(F.C.) 161/2024

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Given the order passed in CM APPL. 28253/2024, the appeal is closed.

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MAT.APP.(F.C.) 161/2024

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Page 2 of 3

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Pending applications shall also stand closed.

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RAJIV SHAKDHER, J

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AMIT BANSAL, J

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MAY 13, 2024 rt Click here to check corrigendum, if any MAT.APP.(F.C.) 161/2024 Page 3 of 3

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Anil Kumar v. Poonam

Case brief

What is this about?

What did the court decide?

Anil Kumar v. Poonam

Case brief

What is this about?

What did the court decide?

What the court decided

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