SHWETA TALWAR Vs. RITESH KUMAR TALWAR

JUDGEMENT

(1.) In a divorce petition filed under section 13 of the Hindu Marriage Act (hereinafter referred to as 'HMA') by Ritesh Kumar Talwar (hereinafter referred to as 'husband'), an application under Section 24 read with Section 26 of the HMA was filed by Shweta Talwar (herein referred to as 'wife') claiming therein maintenance pendente lite for herself and their 3 years 6 month's minor daughter Mannat Talwar at the rate of Rs. 1,73,085/- per month as interim maintenance legal expenses and reimbursement of Rs. 1,27,000/- for the expenses incurred as salary for domestic help and dental expenses, which was partly allowed vide order dated 21.05.2016 passed by the District Judge, Family Court, Gurgaon, granting her maintenance pendente lite at the rate of Rs. 75,000/- per month, which includes Rs. 37,000/- per month being received by the wife pursuant to the order passed by the Court in a petition filed under the Protection of Women from Domestic Violence Act, 2005, out of which, Rs. 27,000/- has to be paid towards rent and Rs. 10,000/- towards the education expenses of the minor daughter.

(2.) Aggrieved by the said order, both wife and husband have preferred separate appeals i.e. FAO No. 4895 of 2016 and FAO No. 5366 of 2016 respectively. Since the order impugned in both these appeals is common, therefore, they are being clubbed together for decision and are being disposed of by a common order.

(3.) The brief facts essential for decision of these appeals are that the parties got married on 16.01.2011. Out of the matrimonial alliance, a female child namely Mannat Talwar was born on 28.10.2012 at Harlow, England. The child at present is in custody, care and control of the wife. As a matter of fact, this is husband's second marriage as the first marriage ended in divorce by mutual consent. The parents of the husband gave a matrimonial profile and a meeting was arranged and attended by the parents and the relatives. The husband disclosed his nature of business being carried out by him in United Kingdom and that he was running a company by the name of High Speed Shipping Ltd., which was floated in the month of November, 2009 doing business of cargo and freight forwarding. He informed that he was not required to be personally present in United Kingdom to run the day to day affairs and had flexible working hours. It was disclosed as per the wife that he had an income of approximately '1 crore per annum. On the agreement of the families, the marriage took place after the Roka ceremony. They had been, off and on, going out of the country but ultimately moved to England where the female child was born.