VISHAL KAPOOR Vs. YASHNA KAPOOR

JUDGEMENT

(1.) In this appeal under Section 19 of the Family Courts Act, the husband challenges an order of the Family Court directing him to pay maintenance pendente lite to the wife, Yashna Kapoor (hereafter "the wife") during the course of divorce proceedings.

(2.) The facts are that the husband preferred a petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 ("the Act") claiming divorce, i.e. HMA 714/2011. Another petition, being HMA 679/12, was filed by the wife claiming decree of the dissolution of marriage against the husband under Section 13 (1) (i) & (ia) of the Act. With this petition the wife filed an application under Section 24 of the Act claiming maintenance for herself and her minor daughter. She also preferred an application for maintenance under Section 125 of the Code of Criminal Procedure (Cr.PC) for grant of maintenance, for herself and her minor daughter; an interim maintenance application was also filed.

(3.) The marriage between the parties was solemnized on 01.10.1995 according to Hindu rites. From the said wedlock a daughter was born, who is in the wife's custody. The wife levelled several allegations outlining insult by the husband and his family members for bringing insufficient dowry. She alleged that she was subject to constant and regular harassment; that she was abandoned and deserted by the husband, the sole earning member and was left to fend for herself and the daughter. The wife was forced to leave the matrimonial home on 16.02.2010. She is a housewife and has no independent source of income. Except one car, she does not have any movable or immovable property. The car was purchased on instalment basis, the initial deposit for the car was given by her father and instalments for it are being paid by her mother. The wife is totally dependant upon her parents for her day-to-day needs and of her daughter. Alleging that the husband is a man of means and receives rental income in respect of his property at Barakhamba Road of not less than Rs. 1,00,000/- per month, apart from his other sources of income. The wife alleged that she and her daughter were entitled to a separate residence. She claimed that the husband be directed to pay Rs. 56,200/- per month to her and Rs. 39,500/- per month for the maintenance of their daughter.