AJAY KUMAR JAIN Vs. BALJIT KAUR JAIN

JUDGEMENT

(1.) 1. The respondent / wife filed a suit under Section 18, 23 and 28 of the Hindu Adoption and Maintenance Act, 1956 against the appellant / husband seeking grant of maintenance at the rate of Rs. 50,000/- per month with the declaration to have a right of residence in her matrimonial home on the first floor of D 291, Defence colony, New Delhi ( hereinafter referred to as, 'the suit property' ) as also for restraining the appellant from dispossessing her from the said premises. The respondent also filed an application for interim maintenance of Rs. 30,000/- per month as well as for interim relief in respect of the suit property. The suit and the interim applications were contested by the appellant. In terms of the impugned order dated 02. 07. 2007 apart from the admitted rental income of rs. 22,500/- per month of the respondent, the appellant was directed to pay a further sum of Rs. 22,500/- per month as interim maintenance. A further direction was issued restraining the appellant from alienating or selling off his portion of the suit property though the order would not stand in the way of partition of the said property by metes and bounds in view of pendency of the partition suit between the appellant and his brother.

(2.) THE appellant has impugned this order by filing the present appeal. The respondent has filed cross-objections. In the cross-objections, the respondent has sought to set up a case that her right of residence in the matrimonial home had been made contingent and subordinate to the appellant's right to affect partition of the suit property.

(3.) THE dispute is an unfortunate one where the parties are well educated and have settled children, but do not seem to be able to live together. The appellant is stated to be 60 years of age while the respondent is 54 years old.