RAJINDER SINGH SALUJA Vs. SARBJYOT KAUR SALUJA

JUDGEMENT

(1.) THE dispute is an unfortunate one where the appellant/husband is arrayed on one side and the respondent/wife on the other side whereas the two minor children arrayed as respondent Nos. 2 and 3. The appeal has been filed by the husband aggrieved by the impugned order dated 30. 01. 2008 determining the issue of interim maintenance and facilities to be extended to the respondents for their residence. The respondents have also filed cross objections albeit after a delay of 39 days.

(2.) WE may note at the inception that averments made in the application seeking condonation of delay of 39 days filed by the respondents for taking on record the cross objections do not evoke the confidence of the Court. The reason given is that there was a fracture in the left ankle of respondent no. 1 which caused some delay and thereafter some time was taken to draft the cross objections. During this period of time, the respondents were already legally advised through counsel who was appearing before the learned Single Judge and in fact the case of the appellant is that the respondent No. 1 was even attending to legal proceedings and her presence was recorded in Court proceedings. Learned Senior counsel for the appellant contends that the appropriation of maintenance determined in terms of the impugned order itself shows that the respondent No. 1 accepted the order and the filing of the cross objections is clearly an afterthought. Respondents had gone as far as to even file execution proceedings and at no stage reserved their right to file cross objections.

(3.) WE find force in the contention of the learned Senior counsel for the appellant. Despite this we have examined the rival contentions of the parties on the plea of maintenance and the living arrangements for the respondents taking into consideration that ultimately it is a dispute between one unit of the family and the object of any order can only be to ensure that sufficient means are available for the maintenance of the wife and the children keeping in mind the financial means of the appellant.