Disposed

Mrs Meghna Singh Saxena v. Lieutenant Colonel Dhruv Shankar Saxena

Delhi HC10 Feb 2025MAT.APP.(F.C.)/444/2024

Case brief

AI extract

What is this about?

The Delhi High Court disposed of two matrimonial appeals filed by a husband and wife challenging a Family Court order enhancing maintenance. Withdrawing merits arguments, the Court granted liberty to approach the Family Court for modification subject to restrictions.

What did the court decide?

Appeals disposed of as not pressed with liberty to seek modification of maintenance excluding prior period.

Mrs Meghna Singh Saxena Vs Lieutenant Colonel Dhruv… — Maintenance and Alimony | Delhi HC (2025)

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$~53 & 54

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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MAT.APP.(F.C.) 306/2024, CM APPL. 54431/2024-Stay DHRUV SHANKER SAXENA .....Appellant Through: Mr. Vikas Aggarwal, Anshu Mahajan and Ms. Anjali Sharma, Advs.

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versus

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MEGHNA SINGH .....Respondent Through: Mr. Bharat Singh, Adv.

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- MAT.APP.(F.C.) 444/2024, CM APPL. 76185/2024-Delay 95 days MRS MEGHNA SINGH SAXENA .....Appellant

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Through: Mr. Bharat Singh, Adv.

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versus

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LIEUTENANT COLONEL DHRUV SHANKAR SAXENA

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.....Respondent Through: Mr. Vikas Aggarwal, Anshu Mahajan and Ms. Anjali Sharma, Advs.

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CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 10.02.2025

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These two appeals, one preferred by the husband and the other by his estranged wife, seek to assail the order dated 06.08.2024 passed by the learned Family Court, South-West, Dwarka Courts, Delhi in HMA No. 2807/2017. Vide the impugned order, the learned Family Court

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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 17/02/2025 at 17:31:10

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has allowed the application preferred by the wife under Order XI Rules 12 & 14 of CPC seeking enhancement of pendente lite maintenance by directing the husband to pay enhanced maintenance w.e.f. 01.04.2020. While the husband, who is the appellant in MAT.APP.(F.C.) 306/2024 has prayed that the maintenance awarded by the learned Family Court be reduced and the enhancement, if any, be made effective only w.e.f. 01.06.2022, the wife, who is the appellant in MAT.APP.(F.C.) 444/2024, has prayed that the maintenance awarded by the learned Family Court be enhanced w.e.f. 01.04.2023.

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After some arguments, learned counsel for the parties submit that instead of pressing the present appeals on merits, they may, in the light of the changed circumstances, be granted liberty to approach the learned Family Court to seek modification of the maintenance granted in terms of the impugned order, for which purpose, they may be permitted to rely on all permissible grounds in law including the change in circumstances.

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The appeals are, accordingly, disposed of as not pressed with liberty, as prayed for. Since this Court has not expressed any opinion on the merits of the grounds raised in the two appeals, it will be open for the parties to raise all permissible grounds before the learned Family Court including the grounds raised in the present appeals. We, however, make it clear that the liberty granted will not entitle the parties to seek any variation in the quantum of maintenance for the period prior to 06.08.2024, i.e, the date when the impugned order was passed.

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This is a digitally signed order.

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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 17/02/2025 at 17:31:10

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We, further direct that in case any arrears towards maintenance in terms of the impugned order are due and payable, the husband will ensure that the same are cleared within eight weeks. We also request the learned Family Court to expeditiously dispose of not only the applications for modification as may be filed by the parties but also endeavour to proceed with the adjudication of the pending HMA petition without granting any adjournment to any party. Liberation

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REKHA PALLI, J

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SAURABH BANERJEE, J

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FEBRUARY 10, 2025 acm

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Mrs Meghna Singh Saxena v. Lieutenant Colonel Dhruv Shankar Saxena

Case brief

What is this about?

What did the court decide?

Mrs Meghna Singh Saxena v. Lieutenant Colonel Dhruv Shankar Saxena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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