SHIKHA BADHANI Vs. HEMANT BADHANI

JUDGEMENT

(1.) This appeal has been filed by the appellant, under Sec. 19 of the Family Courts Act, 1984, challenging the Order dtd. 1/3/2024 (hereinafter referred to as the Impugned Order") passed by the Learned Judge, Family Court-01, West District, Tis Hazari Courts, Delhi (hereinafter referred to as the Family Court"), in HMA No. 1074/2020, titled Hemant Badhani v. Shikha Badhani. By the Impugned Order, the learned Family Court partly allowed the application under Sec. 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the HMA") filed by the appellant-wife, awarding maintenance of Rs.35,000.00 per month along with all school-related expenses for the minor daughter. However, the learned Family Court declined the appellant's claim for her own maintenance. Aggrieved thereby, the appellant-wife has approached this Court seeking modification of the Impugned Order, enhancement of maintenance for the child, and grant of maintenance for herself.

(2.) To give a brief background of the facts in which the present case arises, the marriage between the parties was solemnized on 22/11/2013, according to the Hindu rites and customs, in Delhi. From this wedlock, a daughter was born on 8/8/2016. It is the admitted position that, due to matrimonial discord, the parties have been living separately since October 2019. Since the date of separation, the custody of the minor child has remained with the appellant.

(3.) The respondent-husband filed a divorce petition under Sec. 13(1) (ia) of the HMA on the grounds of cruelty. In response thereto, the appellant-wife filed her written statement, denying the allegations and simultaneously moved an application under Sec. 24 of the HMA seeking interim maintenance for herself and her daughter.