FATEH SAHARAN Vs. ROHIT SAHARAN

JUDGEMENT

(1.) The appellant is the minor child of the respondent. He preferred the present appeal being aggrieved by the grant of interim maintenance by the Family Court at the rate of Rs.15,000.00 per month. We have, by our order dtd. 22/4/2021, directed the respondent to pay Rs.25,000.00 per month to the appellant, considering that his school fee itself is in that range.

(2.) We may observe that when the respondents spouse i.e., the mother of the appellant obtained the divorce by mutual consent, the maintenance was fixed in respect of the appellant minor child at the rate of Rs.5,000.00 per month. It goes without saying that the appellant being a minor, is not bound by that settlement, and he is entitled to claim maintenance for himself for his upbringing from the respondent i.e., his father.

(3.) Before us, the appellant has raised the issue that the respondent has not truly and correctly disclosed his income. From his Income Tax Returns (ITRs) filed before us, it appeared that apart from agricultural income - which was the only income claimed to have been earned by the respondent, he has been deriving rental income from a property, which is separate from the agricultural income.