MANISHA ARORA Vs. PRAVEEN KUMAR

JUDGEMENT

(1.) The appellant/husband is aggrieved by the order dated 02.01.2017 passed by the Family Court on an application filed by the respondent/wife under Section 24 of the Hindu Marriage Act (hereinafter referred to as 'HMA' by which interim maintenance of Rs. 25,000/- per month has been awarded to the respondent/wife from the date of aforesaid application except for the period during which the respondent/wife remain employed i.e. between June, 2012 to November, 2012 and also for the period April, 2016 to November, 2016. The litigation expenses to the tune of Rs. 11,000/- were also awarded to the respondent/wife.

(2.) The necessary facts to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 28.01.2008 at New Delhi as per Hindu rites and ceremonies. No child was born out of said wedlock. The parties are living separately since 10.10.2010. The appellant/husband has filed a petition for divorce seeking divorce under Section 13 (1) (ia) of HMA on 27.10.2010 which is pending.

(3.) Counsel for the appellant/husband submits that the Family Court has failed to take into account that the respondent/wife had played a fraud upon the Court by filing false affidavits before the Family Court concealing her employment and financial status. She further submits that the respondent/wife is a well qualified person and besides being MBA in Human Resource, she has done a Diploma in Secretarial practice and has a rich corporate experience. In this backdrop, it is submitted that the respondent/wife is not entitled to any maintenance at all and the Family Court was not justified to only exclude the limited period of employment once the fraud has been detected by the learned Family Court.