Dismissed¶19

Sumanshu Ashta v. Komal

Delhi HC10 Jan 2025MAT.APP.(F.C.)/13/2025

Case brief

AI extract

What is this about?

S.24 HMA interim/maintenance order; modification of maintenance on change in circumstances (salary enhancement); appeal dismissed as not pressed after earlier withdrawal of MAT.APP.(F.C.) 301/2024; liberty to apply to Family Court; Delhi High Court, 10.01.2025.

What did the court decide?

Appeal dismissed as not pressed, with liberty to the appellant to approach the learned Family Court by way of a modification application on the ground of change in circumstances. ¶19

Sumanshu Ashta Vs Komal — Matrimonial and Divorce | Delhi HC (2025)

What the court decided

AI extract

Outcome

Appeal dismissed as not pressed, with liberty to the appellant to approach the learned Family Court by way of a modification application on the ground of change in circumstances.

¶19

Issue for consideration

Whether the present appeal is maintainable when the appellant had earlier approached this Court by way of MAT.APP.(F.C.) 301/2024, which was dismissed as withdrawn on 04.10.2024. +1 more

¶15

Court's answer

The appeal is dismissed as not pressed with liberty to the appellant to approach the learned Family Court by way of a modification application, and the appeal along with pending applications is disposed of in those terms.

¶23

Ratio / Principle

If the respondent's salary stands enhanced, it is always open to the appellant to approach the learned Family Court to seek modification of the maintenance order by setting out the change in circumstance.

¶17

Key takeaways

The liberty to move a modification application shall not be construed as an expression of opinion by this Court on the correctness of the appellant's claim that the impugned order requires modification on account of change in circumstance; any such application will be considered by the learned Family Court as per law.ratio¶19

Detailed headnote1 paragraphs

High Court of Delhi (Rekha Palli and Girish Kathpalia, JJ.), MAT.APP.(F.C.) 13/2025, decided 10.01.2025 — Appeal against Family Court, Shahdara (Karkardooma Courts) order dated 19.07.2024 in HMA No.1260/2021, whereby the wife's application under Section 24 of the Hindu Marriage Act, 1955 was allowed and the husband directed to pay monthly maintenance of Rs.25,000/-. The Court noted the maintainability difficulty arising from the earlier withdrawal of MAT.APP.(F.C.) 301/2024 on 04.10.2024. Counsel submitted the respondent's salary (taken as Rs.29,791/-) now stood at about Rs.45,000/-. The Court held the proper course is a modification application before the learned Family Court setting out the change in circumstance, and dismissed the appeal as not pressed with such liberty, expressly clarifying that the liberty implies no opinion on the correctness of the appellant's modification claim.

¶1

$~34

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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MAT.APP.(F.C.) 13/2025 SUMANSHU ASHTA .....Appellant

¶4

Through: Dr.N.Pradeep Sharma, Adv.

¶5

versus

¶6

KOMAL .....Respondent Through:

¶7

CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE GIRISH KATHPALIA O R D E R % 10.01.2025

¶8

CM APPL. 1368/2025

¶9

Exemption allowed, subject to all just exceptions.

¶10

The application stands disposed of.

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MAT.APP.(F.C.) 13/2025, CM APPL. 1369/2025 (stay) & CM APPL.1376/2025 (delay of 86 days)

¶12

The present appeal seeks to assail order dated 19.07.2024 passed by the learned Family Court, Shahdara District, Karkardooma Courts, Delhi, in HMA No.1260/2021. Vide the impugned order, the learned Family Court has allowed the application preferred by the respondent/ wife under Section 24 of the Hindu Marriage Act, 1955, by directing the appellant to pay her monthly maintenance of Rs.25,000/-.

¶13

This is a digitally signed order.

¶14

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 24/01/2025 at 13:03:36

¶15

At the outset, we have put to learned counsel for the appellant as to how the present appeal would be maintainable when the appellant had earlier approached this Court by way of MAT.APP.(F.C.) 301/2024, which was dismissed as withdrawn on 04.10.2024 after arguments were addressed at length.

¶16

When faced with this situation, learned counsel for the appellant submits that the appellant has been compelled to approach this Court as the monthly salary of the respondent, which has been taken as Rs.29,791/- by the learned Family Court now stands enhanced to about Rs.45,000/- and therefore, the direction to pay her monthly maintenance of Rs.25,000/- needs to be reconsidered.

¶17

In our view, if that be the position, it is always open for the appellant to approach the learned Family Court to seek modification of the order by setting out the change in circumstance.

¶18

At this stage, learned counsel for the appellant submits that instead of pressing the present appeal, the appellant will approach the learned Family Court for modification of the impugned order in the light of the change in circumstance.

¶19

The appeal is, accordingly, dismissed as not pressed with liberty to the appellant to approach the learned Family Court by way of a modification application. We, however, make it clear that this liberty would not be construed as an expression of opinion by this Court regarding the correctness of the appellant’s claim that the impugned order is required to be modified on account of any change in circumstance and any modification application, if moved by the appellant, would be considered by the learned Family Court as per

¶20

This is a digitally signed order.

¶21

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 24/01/2025 at 13:03:36

¶22

law.

¶23

The appeal alongwith pending application is, accordingly, disposed of in the aforesaid terms.

¶24

REKHA PALLI, J

¶25

GIRISH KATHPALIA, J

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JANUARY 10, 2025 kk

¶27

This is a digitally signed order.

¶28

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 24/01/2025 at 13:03:36

Sumanshu Ashta v. Komal

Case brief

What is this about?

What did the court decide?

Sumanshu Ashta v. Komal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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