NIDHI SUDAN Vs. MANISH KUMAR KHANNA

JUDGEMENT

(1.) The challenge in this appeal under Sec. 19(3) of Family Courts Act, 1984 and Sec. 28 of Hindu Marriage Act, 1955 (hereinafter, referred to as 'HMA') is to an order dated April 06, 2023 passed by learned Judge, Family Court, whereby the respondent-husband was directed to pay the maintenance to the minor child @ Rs.20,000.00 per month from the date of filing of the application till the decision of the case, while the pendente lite maintenance to the appellant wife was declined.

(2.) In brief, the marriage between the appellant (petitioner before the learned Trial Court) and the respondent was solemnized on September 02, 2000 according to Hindu rites and ceremonies. A female child was born out of the wedlock on December 10, 2010. A petition for dissolution of marriage under Ss. 13(1)(ia) & (ib) HMA was preferred by the appellant on September 13, 2019 claiming that the respondent had treated her with cruelty and deserted her, constraining the appellant to live separately w.e.f. December, 2013. Also, an application under Sec. 24 HMA was filed along with the petition claiming maintenance @ Rs.75,000.00 per month for the appellant and the minor daughter along with litigation expenses.

(3.) Pursuant to summons issued by the Family Court, respondent entered appearance on December 19, 2019 and submitted that without admitting allegations in the appeal, he had no problem in giving divorce to the appellant wife by way of mutual consent. He further admitted that they had a child who has been studying in Jaipur and was in care and custody of the appellant wife and sought time for giving his offer. Thereafter, respondent remained absent on the next two dates. On account of absence of respondent, learned Judge, Family Court, left with no other option, closed the right to file written statement as well as reply to the application under Sec. 24 HMA. Further, the respondent was proceeded ex-parte on April 04 , 2022 and the matter was listed for ex-parte evidence of the petitioner/appellant.