SAMBIT MALLICK Vs. LEENA MALLICK

JUDGEMENT

(1.) The appellant-husband has filed this appeal against the order passed by the lower Court declining the decree of divorce to him against the respondent-wife. The appeal was filed in the year 2010.

(2.) During pendency of the said appeal, application under section 24 of the Hindu Marriage Act was filed by respondent-wife on 21.09.2015 for grant of maintenance pendente lite at the rate of Rs. 50,000/- per month claiming that the applicant/respondent-wife is maintaining minor child born out of the wedlock who is studying in a reputed school i.e. Scottish High International School, Gurgaon where the school fee is about Rs. 21,000/- per month. It has been averred by the applicant/respondent-wife that during pendency of the divorce petition before the lower Court, she had filed an application under section 24 of the Hindu Marriage Act and had also claimed maintenance under the Protection of Women from Domestic Violence Act, 2005 wherein a sum of Rs. 7,000/- was awarded to the applicant/respondent-wife and Rs. 3,000/- was awarded to the minor child. The said amount was enhanced to total of Rs. 15,000/- per month for applicant/respondent-wife and Rs. 5,000/- for minor daughter besides the rent amount of the house occupied by the applicant/respondent-wife. It has For Subsequent orders see IOIN-CMM-167-2015 been averred that arrears of maintenance from March, 2013 to September, 2015 i.e. 31 months amounting to Rs. 6,20,000/- were not paid by appellant-husband. It has also been averred that at present, the total arrears towards the maintenance under the Protection of Women from Domestic Violence Act, due are more than Rs. 32 lacs. She claims that she was unemployed from 2004 to 2015.

(3.) The computation of the amount towards maintenance amount under the Protection of Women from Domestic Violence Act giving the break up of the amount due at Rs. 32,68,394/- has been placed on record with a copy to the counsel for the non-applicant/appellant-husband.