A.S. Vs. D.S.

JUDGEMENT

(1.) The parties to the present petition got married as per Hindu rites on 21/11/1997 and out of this wedlock, two sons presently aged about 23 years and 17 years were born.

(2.) The present appeal under Sec. 19 of the Family Court Act, 1984 read with Sec. 151 CPC has been preferred by appellant-husband assailing the order dtd. 25/10/2021 passed by the learned Family Court whereby appellant-husband has been directed to pay maintenance of Rs.50,000.00 to respondent-wife and children, from the date of filing of the application till final disposal of the petition. In addition, appellant-husband has also been directed to pay rent, electricity, water and grocery bills as well as educational expenses of both the children.

(3.) The appellant-husband in the present appeal has averred that the conjugal relationship was over in June, 2008 and since the year 2011, the parties are not even on talking terms. The appellant-husband has averred that in April, 2014, he filed a case No.55/2014 under Sec. 13(1), (1a) and (1b) of the Hindu Marriage Act, 1955, seeking dissolution of marriage by a decree of divorce on the ground of cruelty and desertion before the learned Family Court. As an off shoot, the respondent-wife moved an application under Sec. 26 of the Protection of Women from Domestic Violence Act, 2005 claiming destitution and direction to the appellant to pay rent, water and electricity charges. Vide order dtd. 24/11/2014, a short-gap arrangement was made and appellant-husband without going into the merits accepted the same till disposal of the application under Sec. 26 of the Hindu Marriage Act on merits. The appellant-husband has claimed that thereafter, another application under Sec. 24 of the Hindu Marriage Act was filed by the respondent-wife. The respondent-wife in her application under Sec. 24 of the Hindu Marriage Act sought maintenance of Rs.1,62,500.00 per month exclusive of rent, electricity and water charges from appellant-husband. Both the parties were directed to file their income affidavits before the learned Family Court. However, despite appellant's application and directions by the Family Court, the respondent-wife did not file the income tax affidavit in terms of guidelines mentioned in Kusum Sharma Vs. Mahender Kumar Sharma, thereby respondent-wife concealed material information and documents from the Court.