SEEMA SATSANGI Vs. INDERJEET SINGH

JUDGEMENT

(1.) C.M. Appl. 18784/2013 (delay in filing)

(2.) The appellant wife had sought an order against the respondent husband seeking interim maintenance for the two minor sons of the parties aged 13 years and 14 years, respectively, who are residing in the care and custody of the their mother. After considering the response of the respondent as well as the documents placed before him, the learned Family Court Judge has passed the order dated 20th April, 2013 quantifying the income of the respondent husband at Rs.15,000/- per month and directing maintenance to be fixed at Rs.1500/- per month for each of the minor children, bringing it to a total amount of Rs.3,000/- per month. While passing the order the learned Family Court Judge also directed that payment of this maintenance to the children shall be made from the date of the order till the disposal of the main petition. In addition, the Court directed payment of Rs.3,000/- to the appellant towards litigation expenses.

(3.) This order has been assailed by the appellant seeking enhancement of the maintenance which was awarded to Rs.10,000/- per month and the litigation expenses to Rs.25,000/-. Today a statement is made by Mr. J.S. Rawat, learned counsel for the appellant that the appellant does not press the prayer for enhancement made in the appeal, but restricts the challenge to the maintenance not having been awarded with effect from the date of the application. It is an admitted position that the children were entitled to the payment of the maintenance on the date on which the application was made.