PARVIN KUMAR JAIN Vs. ANJU JAIN

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals arise out of the impugned order dtd. 1/8/2024 passed by the Delhi High Court in MAT. APP.(F.C.) 226/2018 & CM APPL. 36723/2018. CM APPL. 4245/2021. CM APPL. 51379/2022, CM APPL. 52044/2022 and MAT.APP. (F.C.) 120/2019. Vide the impugned order, the High Court dismissed MAT. APP. (F.C.) 226/2018 filed by the Husband against the order of the Family Court, in an application for maintenance pendente lite under sec. 24 of the Hindu Marriage Act, 1955 [HMA] along with all pending applications, with costs of Rs.1,00,000.00 (Rupees one lakh only). By the same common order, the MAT.APP. (F.C) 120/2019 filed by the Wife is allowed to the extent that the interim maintenance granted to the Wife under Sec. 24 of the HMA is enhanced from Rs.1,15,000.00(Rupees one lakh fifteen thousand only) to Rs.1,45,000.00 (Rupees one lakh forty five thousand only) per month from the date of filing of enhancement application.

(3.) The parties were married as per Hindu rites and ceremonies on 13/12/1998 and have one son born from their wedlock on 28/5/2001. However, the marital relationship soured and the parties began living separately from January, 2004. Since the date of separation, the son has been residing with the respondent-wife. Subsequently, on 11/5/2004, the appellant-husband filed a petition under Sec. 13(1)(ia) of the HMA, before the Family Court seeking divorce on the ground of cruelty. During the pendency of the divorce petition, the respondent, on 27/5/2004, filed an application under Sec. 24 of the HMA seeking pendente lite maintenance for herself and the son. This application was disposed of by the Family Court vide order dtd. 20/9/2004, directing the appellant to pay a cumulative sum of Rs.18,000.00 (Rupees eighteen thousand only) per month, comprising Rs.15,000.00 (Rupees fifteen thousand only) to the respondent and Rs.3,000.00 to the son.