LAWS(SC)-2017-3-34

MANISH JAIN Vs. AKANKSHA JAIN

Decided On March 30, 2017
MANISH JAIN Appellant
V/S
Akanksha Jain Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been filed by the appellant-husband against the order dated 21.02014 passed by the High Court of Delhi at New Delhi in C.M.(M) No.910 of 2010. In the said judgment, the High Court while setting aside the order dated 15.03.2010 passed by the Additional District Judge-II (West), Tis Hazari, Delhi who declined to award maintenance pendente lite to the respondent-wife under Sec. 24 of the Hindu Marriage Act, 1955 has granted interim maintenance to the respondent-wife at the rate of Rs. 60,000.00 per month to be paid by the appellant-husband Manish Jain with effect from 1st Feb., 2012 till the disposal of divorce petition. The said amount was fixed in addition to Rs. 10,000.00 which the appellant-husband has already been paying by way of interim maintenance as per the order passed in Criminal Appeal No.65 of 2008 under Sec. 23(2) of the Protection of Women from Domestic Violence Act, 2005 [for short 'the D.V. Act'].

(3.) This is a case of marital discord which has a chequered history. Brief facts leading to this appeal by way of special leave are as under:- Both the appellant and the respondent got married on 16.02.2005 and they were living at V-38, Green Park, New Delhi. The couple shifted to an accommodation at 303, SFS Apartment, Hauz Khas, New Delhi on 15.04.2007. In or about July, 2007 relationship between the parties got strained. In Sept., 2007 the appellant-husband filed a divorce petition HMA No.553/2007 under the Hindu Marriage Act, 1955 [for short 'the HM Act'] seeking divorce on the grounds of cruelty.