Jain Vs. Charu Jain  Insc 278 (14 March 2007)
Dr.AR.LAKSHMANAN & ALTAMAS KABIR
(Arising out of SLP(C) No.2936/2006) With CONMT.PET.(C) NO. 221 of 2006 In
SLP(C) No.2936/2006 Dr.AR.LAKSHMANAN, J.
Heard Mr.Prabhakaran assisted by Mr.S.Rajappa, learned counsel for the
appellant and Mr.M.N.Krishnamani, learned senior counsel for the respondent.
The above appeal is directed against the order dt.10.01.2006 passed by the
High Court of Delhi in CM(M) No.1720 of 2004. The said Civil Miscellaneous
Appeal was filed before the Delhi High Court against the order of Addl.District
Judge, Delhi in H.M.A.Case No. 149 of 2003 whereby the said court had disposed
of the application filed under Section 24 of the Hindu Marriage Act and fixed
an interim maintenance at the rate of 12,000/- per month from the date of
filing of the application together with litigation expenses of Rs.11,000/-.
Aggrieved against the said order, CM(M) No.1720/2004 has been filed before
the Delhi High Court. The High Court on considering all the averments made in
the pleadings and also taking into consideration all the other annexures etc.
came to the conclusion that the trial court has rightly arrived at a conclusion
that Rs.12,000/- should be paid by way of interim maintenance.
We have also carefully perused the impugned order and annexures and heard
the arguments advanced by the learned counsel for both sides. In our opinion,
the order under challenge suffers from no infirmity. We, therefore, have no
hesitation in dismissing the appeal filed by the appellant-husband.
The appeal is accordingly dismissed.
During the pendency of this appeal, this Court as an interim measure on
17.02.2006, directed the appellant herein to pay a sum of Rs.8,000/- per month
to the respondent from the date of the filing of the application and continue
to pay till the disposal of this appeal. In view of the fact that the appeal is
being dismissed, the said interim order is vacated and the appellant will now
be liable to pay the entire amount pursuant to the order of ADJ, Delhi.
It is stated that the said interim order passed by this Court has also not
been complied with. We direct the appellant to pay the entire balance amount to
the respondent, if any, within two weeks from today.
In view of the Order now passed, the Contempt Petition is also dismissed.
We direct the trial court to dispose of H.M.A.Case No.149 of 2003 within
three months from today.