Anupam Gupta Vs.
Sumeet Gupta [2008] INSC 1976 (19 November 2008)
Judgment
NON REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6713 OF
2008 (Arising out of SLP) No.17227 of 2007) Anupam Gupta ...
Appellant Versus Sumeet
Gupta ...Respondent ORDER
1.
Leave
granted.
2.
This
appeal is directed against an order dated 27th of August, 2007 passed by the
High Court of Delhi at New Delhi in C.M.No.11168 of 2007 arising out of CM
(Main) No.1718 of 2004 whereby the High Court had disposed of C.M.No.11168 of
2007 filed by the appellant for producing additional evidence with the
directions to the appellant to pay maintenance to the respondent at the rate
of 2 Rs.35,000/- per month and clear the arrears within two weeks.
3.
We
have heard the learned counsel for the parties and examined the impugned order.
In our view, the High Court was not justified, while dealing with the
application for acceptance of additional evidence to direct the
husband-appellant to pay maintenance to the wife-respondent at the rate of
Rs.35,000/- per month and to clear the arrears within two weeks from the date
of passing of the impugned order.
4.
For
the reasons aforesaid, the impugned order is set aside and the application for
acceptance of additional evidence is restored and the High Court is requested
to dispose of the same on merits in accordance with law. In the event, the
respondent seeks to file any application for payment of maintenance and also
for arrears of maintenance, 3 it would be open for her to make such
application independent of the application for acceptance of additional
evidence. Both the applications if filed, shall be decided in accordance with
law.
5.
We
are informed that the main matter namely C.M. No.1718 of 2004 is pending for a
long time.
We request the High
Court to dispose of the main matter namely C.M.(Main) No.1718 of 2004 at an
early date preferably within three months from the date of communication of
this order to the High Court. The impugned order is thus set aside and the
appeal is allowed to the extent indicated above. There will be no order as to
costs.
.........................J.
[Tarun Chatterjee]
.........................J.
New
Delhi;
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