ISHWAR CHAND JINDAL Vs. SHASHI PRABHA JINDAL

JUDGEMENT

(1.) The present appeal, under Section 19 of the Family Courts Act, is directed against a judgment of the Family Court granting maintenance to the respondent-wife (hereafter "the wife") to the extent of Rs. 2 lakhs per month.

(2.) The brief facts are that the appellant and the respondent were married to each other on 23rd May, 1982; they have three children; the first two are majors and the third, a son, is now a fifteen year old in the care of the wife.

(3.) It is urged by the appellant and argued by his counsel Mr. K.C. Mittal that the Family Court fell into error in granting maintenance for any period since the main proceedings, i.e., the petition for judicial separation was dismissed. Learned counsel highlighted that the wife had independent and adequate means for sustaining herself; besides she lives in a house on a plot of 500 Sq.Yds, i.e., 15, Sandesh Vihar, Pitam Pura, New Delhi. It is urged that the wife is also in possession of jewelry valued at substantial amounts and that at the relevant time was carrying on business in two concerns, i.e., RWA Cables and WTA Ltd. Besides argued counsel the wife was a Director/Shareholder in 7 companies. Learned counsel urged that the record shows that the wife had withdrawn Rs. 15 lakhs from the account of Magnum Steels; likewise the statement of account for the 6 months period between 1.4.2006 and 31.12.2006 showed that Rs. 55 lakhs were credited to the account. It is submitted that the appellant had provided Rs. 50 lakhs to his wife in the year 2000 to carry on her business.