LAWS(DLH)-2006-4-65

VINOD BABBAR Vs. BABY SWATI

Decided On April 27, 2006
VINOD BABBAR Appellant
V/S
BABY SWATI Respondents

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the CPC is directed against the judgment and decree dated 3/3/2004 passed by the learned Additional District Judge, Delhi. Vide the impugned judgment and decree, the trial court had granted the following reliefs:-

(2.) The above finding and reliefs recorded by the learned trial court are questioned in the present appeal primarily on the ground that the trial court has erred in granting the relief of maintenance to the plaintiff particularly in view of the fact that the wife who was a Post-Graduate teacher in a school and was getting a handsome salary, could not claim any maintenance for herself as well as for the child.

(3.) According to the appellant, there is an equal obligation, if not more, upon the respondent's mother to bring up the child and she cannot claim maintenance in the present proceedings. It was stated that the trial court has not appreciated the evidence on record in its correct perspective.