SATYAJIT CHATTERJEE Vs. DEEPA CHATTERJEE

JUDGEMENT

(1.) Both appeals impugn the judgment and decree dated 29th September, 2011 of the Court of the Additional District Judge (ADJ)-03 (C), Delhi in Suit No.02/2009 (Unique Case I.D. No.02401C0091632003) filed by the appellants in RFA No.326/2012 against the appellant in RFA No.200/2012 under Sections 18 & 20 of the Hindu Adoption and Maintenance Act, 1956. Vide the impugned judgment and decree, the appellant Mr. Satyajeet Chatterjee (husband) in RFA No.200/2012 has been directed to pay to the appellant No.1 Ms. Deepa Chatterjee (wife) in RFA No.326/2012, a sum of Rs.10,000/- per month from 1st September, 2003 till the date of the decree and future maintenance at the rate of Rs.10,000/- per month, month by month and a sum of Rs.8,000/- per month to the appellant No.2 Mr. Indra Chatterjee (son) in RFA No.326/2012 from 1st September, 2003 till 21st December, 2004 i.e. till the date of his attaining majority.

(2.) Notice of RFA No.200/2012 was issued and vide ex-parte ad interim order dated 2nd May, 2012, the operation of the impugned judgment and decree was stayed on the appellant/husband depositing a sum of Rs.2,75,000/- in this Court and paying maintenance to the appellant/wife at the rate of Rs.6,500/- per month during the pendency of the appeal. The appellant/husband however did not comply with the said conditions and vide order dated 30th November, 2012, it was clarified that upon non-compliance by the appellant/husband with the said conditions, the stay of execution earlier granted stood vacated and it was open to the appellant/wife to execute the decree.

(3.) Notice of RFA No.326/2012 was also issued.