VINOD KUMAR JOLLY Vs. SUNITA JOLLY

JUDGEMENT

(1.) Smt. Sunita Jolly was married to Shri Vinod Kumar Jolly on 13.4.1992. It was a second marriage for both of them as they had divorced their respective first spouses. One child Master Karan Jolly was born out of this wedlock who is living with Smt. Sunita Jolly. Unfortunately for both husband and wife this marriage was also not successful. Both are accusing each other for turmoil in their matrimonial life. According to Smt. Sunita Jolly she was forced to leave her matrimonial home in three clothes and meagre articles on 10.9.1992 when she was in advanced stage of pregnancy. She gave birth to Master Karan Jolly thereafter in her father's house. Shri Vinod Kumar Jolly accused his wife for matrimonial discord and filed a divorce petition against Smt.Sunita Jolly on the ground of cruelty and desertion. The said divorce petition is allowed and divorce granted to him. Appeal is pending against the decree of divorce passed by learned ADJ in this High Court being FAO.No. 395/96.

(2.) Smt. Sunita Jolly for herself and on behalf of her son Master Karan Jolly filed petition under Section 18 of Hindu Adoptions and Maintenance Act (hereinafter called 'the Act' for short) claiming maintenance for both of them. This petition was filed on 21.2.1995. It has ultimately been decided by the learned ADJ (Fast Track Court) Delhi on 4.11.2006. Allowing the said petition learned Trial Court had awarded maintenance to Smt.Sunita Jolly @ Rs. l,500/-per month and Master Karan Jolly is given maintenance @ Rs. 2,500/- per month. The maintenance is awarded to both of them w.e.f. the date of the said judgment dated 4.11.2006. As far as Smt.Sunita Jolly and Master Karan Jolly are concerned, they are satisfied with the quantum of maintenance fixed by the learned ADJ. However, their grievance is that they should have been awarded maintenance w.e.f. the date of filing the said petition, i.e. 21.2.1995 and not from 4.11.2006 i.e. the date of decision. They have, therefore, filed the appeal being RFA.No. 122/2007 for this limited purpose. Shri Vinod Kumar Jolly is not happy with the amount of maintenance fixed. According to him the learned Trial Court has not given proper finding about his income and fixed the maintenance at much higher rate. He has, therefore, filed the appeal No. RFA.263/2007 for setting-aside of the judgment granting maintenance to his wife and son at the aforesaid rates. Since both the appeals arise out of same judgment, they were taken up together and we propose to dispose of both the appeals by this common judgment. For the sake of convenience, Shri Vinod Kumar Jolly shall be referred to as the appellant and Smt.Sunita Jolly and Master Karan Jolly shall be described as the respondents hereinafter.

(3.) We may first take up the appeal of the appellant-husband. At the outset, we may record that after decree of divorce granted in favour of the appellant in the petition filed by him under Hindu Marriage Act, the appellant has married third time and there are two children born out of this alliance. He is also maintaining one daughter from the first wife. When the appellant had married the respondent No. 1 he had three brothers and one sister who were physically challenged. Two handicapped brothers have died prematurely and third disabled brother is living with him.