SURANJAN SAHA Vs. RUMPA SAHA

JUDGEMENT

(1.) This Appeal under Sec. 19 of the Family Courts Act, 1984 [hereinafter referred to as 'FCA'] assails the order dtd. 22/3/2021 [hereinafter referred to as 'Impugned Order'] passed by the Family Court, Dwarka, Delhi, in I.A. 1/2021 in HMA No. 354/2020 captioned Suranjan Saha v. Rumpa Saha, whereby the application filed by the Respondent for maintenance pendente lite in the Appellant's divorce petition was allowed, and the interim maintenance @ Rs.25,000.00 per month each to be paid to the Respondent-Wife and their daughter was ordered after noting that the Appellant is earning net monthly income @ Rs.1,44,932.00, while working as Senior Advisor in M/s Dell International Services India Pvt. Ltd.

(2.) This Appeal was initially filed as a Petition under Article 227 of the Constitution of India [CM(M) 96/2022]. However, pursuant to the judgment by a Coordinate Bench of this Court in Manish Aggarwal v. Seema Aggarwal & Ors. 2012 SCC OnLine Del 4816, wherein it was observed that the said Impugned Order is appealable under Sec. 19 of the FCA, the same was re-numbered as an Appeal by this Court vide order dtd. 30/11/2023 with the approval of Hon'ble the Acting Chief Justice, thereby converting it to MAT.APP. (F.C.) 370/2023.

(3.) Brief facts leading to the present Appeal are that, the marriage between the Appellant and the Respondent was solemnised on 19/1/2001 at Jabalpur, Madhya Pradesh, in accordance with Hindu rites and ceremonies. A daughter was born out of the said wedlock on 23/4/2004, who has been in the care and custody of the Respondent-Wife. Due to differences and acrimony between the parties, they have been living separately since 2015.