Delhi High Court
Sandeep Agarwal vs Priyanka Agarwal on 31 October, 2018
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 31st October, 2018
+ MAT.APP(F.C.)71/2017
SANDEEP AGARWAL ..... Appellant
Through Mr. Pankaj Kumar Rajan, Advocate
versus
PRIYANKA AGARWAL ..... Respondent
Through Mr. Mohan Lal, Advocate, Advocate
CORAM:
HON'BLE MR. JUSTICE G.S. SISTANI
HON'BLE MS. JUSTICE JYOTI SINGH
G.S. SISTANI, J. (ORAL)
1. Challenge in this appeal is to the order dated 20.12.2016 passed by the
Family Court, by which on an application filed by the
(wife)/respondent herein under Section 24 of the Hindu Marriage Act,
maintenance has been fixed in the following manner:
"(a) The respondent shall pay an enhanced amount of
maintenance @ Rs.12,000/- per month w.e.f. 30.10.2009;
(b) The respondent shall pay an enhanced amount of
maintenance @ Rs.15,000/- per month from April, 2011;
(c) The respondent shall pay an enhanced amount of
maintenance @ Rs.18,000/- per month from April, 2013;
(d) The respondent shall pay an enhanced amount of
maintenance @ Rs.20,000/- per month from April, 2014;
(e) The respondent shall pay an enhanced amount of
maintenance @ Rs.25,000/- per month from April, 2015;
and
(f) The respondent shall pay an enhanced amount of
maintenance @ Rs.30,000/- per month w.e.f. April,
2016."
2. Learned counsel for the appellant submits that the learned Family
Court has lost track of the fact that even as per the respondent in terms
of the statement of Income Part-IV, which has been placed on record,
her household expenditure is approximately Rs.15,000/- to
Rs.20,000/- per month for groceries/food/personal care/clothing. It is
further submitted that the respondent has factored in medication at
Rs.2,000/- per month and litigation and legal expenses @ Rs.2,000/-
per month approximately. Learned counsel submits that no supporting
documents have been filed with regard to the expenditure of
medication, neither any document has been filed to show that the
litigation and legal expenses were @ Rs.2,000/- per month.
Additionally, counsel for the appellant submits that the income of the
appellant is fluctuating in nature which is evident upon the salary slips
which have been placed on record.
3. Learned counsel for the respondent has opposed the present appeal. It
is contended that there is no infirmity or illegality in the order passed
by the Family Court. It is submitted that the salary slips would show
that though the salary of the appellant is fluctuating, but the interim
maintenance fixed is proportionate to the income of the appellant. He
further submits that no documents are required in support of the plea
raised with regard to the medication, litigation and legal expenditure
as the amounts so referred are on the lower side keeping in view the
cost of litigation expenses as of today.
4. We have heard the learned counsels for the parties and carefully
examined the order passed by the Family Court. The Family Court
has assessed the income of the appellant to approximately
Rs.1,03,000/- per month. We may note that this is after deduction of
Income Tax and deduction of Provident Fund, which are deducted
every month. The salary slips which have been placed on record
would show that though the income of the appellant is fluctuating in
nature, but even after the deductions of the salary per month, the
income goes up to approximately Rs.1,36,000/- per month as is
evident upon perusing the documents which have been placed on
record. The Family Court and in fact, rightly, in our view, assessed
the income of the appellant on the lower side and enhanced the
maintenance as is reproduced hereinabove for different periods at
different rates.
5. We find no infirmity in the orders passed by the Family Court, which
would require interference. The appeal is accordingly dismissed.
6. The appellant submits that he would pay all the future instalments of
amount in terms of the orders so passed by the Family Court.
CM.APPL 13938/2017(stay)
7. The application also stands dismissed in view of the orders passed in
the present appeal.
G.S.SISTANI, J.
JYOTI SINGH, J
OCTOBER 31, 2018
pst
