LAWS(DLH)-2017-9-42

NEELAM KADYAN Vs. NAVEEN DALAL

Decided On September 25, 2017
Neelam Kadyan Appellant
V/S
Naveen Dalal Respondents

JUDGEMENT

(1.) The appellant/wife is aggrieved by the order dated 09.3.2017, passed by the learned Family Court disposing of her application filed under section 24 of the Hindu Marriage Act, 1955 (in short 'the Act'), praying inter alia for grant of maintenance @ of Rs. 60,000/- per month, for herself and the two minor children.

(2.) Under the impugned order, the learned Family Court refused to grant maintenance to the appellant in view of the fact that she is working as an Assistant Professor (Law) at the Rohtak University and her gross monthly income is to the tune of Rs. 80,000/-. However, two minor children of the parties, a daughter aged about 16 years and a son aged about 10 years, have been granted pendente lite maintenance @ Rs. 28,000/- per month, payable from the date of filing of the application, i.e., w.e.f. 03.10.2013. The respondent/husband has been directed to clear the arrears of maintenance in six equal monthly instalments, the first instalment payable by 15.4.2017. He has further been directed to pay the remaining five instalments of maintenance on or before 15th day of each calendar month, commencing from June, 2017. The respondent has also directed to pay litigation expenses of Rs. 20,000/- to the appellant/wife.

(3.) We may note that prior to the appellant approaching this Court by filing the present appeal, aggrieved by the very same order, the respondent/husband had filed an appeal, registered as MAT. APP. (F.C.)No. 80/2017, which was dismissed by the Division Bench (of which one of us, Hima Kohli, J. was a member) on 09.5.2017, at the stage of admission, by rejecting the plea of the counsel for the respondent/husband (appellant therein) that his client was not financially sound and unable to pay a sum for Rs. 28,000/- per month towards pendente lite maintenance of the children.