A.S. vs D.S.
$~1(Special Bench)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 5/2022
A.S. ….. Appellant
Through: Ms. Anita Sahani, Mr. Tanuj Gulati
& Mr. Shivam Garg, Advocates with appellant in person
Versus
D.S. ….. Respondent
Through: Ms. Pratiti Rungta & Mr. Sudhir
Sinha, Advocates with respondent in person
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 20.10.2023
CM APPL. 55390/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
REVIEW PET.294/2023 & CM APPL.55389/2023
3. In the captioned appeal, the appellant had assailed the order dated 25.10.2021 passed by learned Family Court whereby appellant was directed to pay maintenance of Rs.50,000/- to respondent-wife and children, from the date of filing of the application till final disposal of the petition. In addition, appellant-husband has also been directed to pay rent, electricity, water and grocery bills as well as educational expenses of both the children.
4. It is not in dispute that appellant volunteered to pay expenses of respondent which is mentioned in para 7 of the impugned judgment passed in the captioned appeal and the same is reproduced as under:
1.
Rent of Respondents Flat
Rs.49,500
2.
Electricity Charges of Respondents Flat
Rs.14,000
3.
Water Charges (Approx.)
Rs.500
4.
School fee of younger child
Rs.13,309
Total (Approx.)
Rs.77,309
5. In para 34 of the impugned judgment, we have recorded as under:
There is categoric admission by the respondent-wife of spending lavishly on her travel and tours and leading a luxurious life and she has also claimed Rs.60,000/- per annum towards tours and travels, which shall be at the expense of appellant-husband. The elder son of the parties is stated to have already completed his graduation and according to appellant, he is running his firm in the name and style of M/s. Mystream Futuretech Pvt. Ltd, which has not been disputed by the respondent-wife. The younger son of the parties is said to be still studying and appellant-husband is bearing his educational expenses. The respondent-wife is living in a rented accommodation but has a residential house bearing no. 168, Block Techoma Estate, Sector Pill 03, Greater Noida, District Gautam Budh Nagar, UP, where she can either live or can she can fetch rental income therefrom to meet her expenses; and second, residential plot no 132, Block A, Pocket 2, Sector 17, Dwarka in her name.
6. Considering the aforesaid facts in totality, we directed the appellant-husband to pay fixed interim maintenance of Rs.50,000/- per month to his wife and younger child (son). In addition, appellant is also directed to pay educational fee of the younger child/son of the parties, which shall be directly remitted to the Institute/College where he is studying.
7. Since we have considered all the facts and directed the appellant to pay fixed interim maintenance of Rs.50,000/- per month to his wife and younger child of the parties, therefore, there is no ground in the review petition.
8. In view of above, review petition is, accordingly, disposed of by clarifying the aforesaid position.
SURESH KUMAR KAIT, J
NEENA BANSAL KRISHNA, J
OCTOBER 20, 2023/ab
MAT.APP.(F.C.) 5/2022 Page 3 of 3