LAWS(P&H)-2011-9-74

YASH PAL Vs. KAUSHAL RANI`

Decided On September 22, 2011
YASH PAL Appellant
V/S
Kaushal Rani` Respondents

JUDGEMENT

(1.) This judgment shall dispose of three regular second appeals viz. (1) RSA No. 949 of 2008 titled as 'Yash Pal v. Kaushal Rani and another', and (2) RSA No. 3792 of 2008 and (3) RSA No. 3793 of 2008 both titled as 'Kaushal Rani and another v. Yash Pal'. RSA No. 949 of 2008 has been preferred by Yash Pal against his wife Kaushal Rani and minor son Kunal represented by his mother and natural guardian Kaushal Rani. RSA No. 3792 of 2008 has been filed by Kaushal Rani (wife) and her minor son Kunal against Yash Pal, husband of appellant No. 1 and father of appellant No. 2. RSA No. 3793 of 2008 is also filed by Kaushal Rani (wife) and her minor son Kunal against Yash Pal.

(2.) Yash Pal in RSA No. 949 of 2008 has prayed that the judgment and order passed by the Court of Additional Civil Judge (Senior Division), Gurgaon on 20th August, 2007 while deciding the petition/suit for maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as, 'the Act'), whereby the Court had awarded maintenance to the plaintiff-respondents to the extent of Rs. 4,000/- per month, be set aside along with the judgment and order dated 7th December, 2007, whereby the lower appellate Court held the aggrieved wife and her minor son entitled to maintenance @ Rs. 2,500/- per month with effect from the date of filing of the petition before the trial Court i.e. 4th February, 1999 with yearly increase of Rs. 250/- with effect from 1st January, 2000; 2001 and so on till the time the aggrieved wife disentitles herself as per law in claiming the maintenance.

(3.) In RSA No. 3792 of 2008, a prayer has been made that the aggrieved wife and the minor child be allowed maintenance to the extent of 50% of income of the husband per month and furthermore, respondent (husband) be directed to pay interest @ 1% per month for the period the maintenance remained unpaid.