Puneet Kumar Bhatia vs Vanita Bhatia
2015 Latest Caselaw 9257 Del

$~37
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      MAT.APP.(F.C.)147/2015
%                                       Judgment dated 11th December, 2015
       PUNEET KUMAR BHATIA                                 ..... Appellant
                   Through :            Mr.Juhi Arora with Ms. Latika Wadhwa,
                                        Advocate for the appellant along with
                                        appellant

                               versus

       VANITA BHATIA                                             ..... Respondent

Through :

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

G.S.SISTANI, J (ORAL)

CM APPL. 30362/2015

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of. CM APPL. 30361/2015(delay)

3. Heard. For the reasons stated in the application, delay of 10 days in filing the appeal is condoned. The application is allowed. MAT.APP.(F.C.) 147/2015

4. Challenge in this appeal is to the order dated 29.10.2015 by which the Family Court has fixed maintenance for the wife and eight years old son @ Rs.3,000/- each.

5. Learned counsel for the appellant submits that the respondent has filed a false affidavit, false particulars with regard to her qualification and with regard to her employment and income. She submits that the respondent is working and is earning more than Rs.15,000/- per month. After some hearing in the matter, she further submits, on instructions, that although the appellant would continue to pay the amount as directed by the Family Court, but she seeks leave to file a review petition as the Family Court has not taken into account the above submissions and in addition to Rs.6,000/-, the appellant has been directed to pay additional Rs.1,000/- in the custody proceedings as per the interim visitation, which has not been considered in the impugned order.

6. Without expressing any opinion on the merits of the matter, subject to the appellant clearing 50% of the arrears within two months from today and the balance amount subject to further orders by the Family Court, the review petition would be heard by the Family Court on merits. In case an application seeking condonation of delay is filed, the Family Court will consider the same sympathetically.

7. The appeal stands disposed of in above terms.

G.S.SISTANI, J

SANGITA DHINGRA SEHGAL, J DECEMBER 11, 2015 pst