FA/117/2022
2023 Latest Caselaw 462 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                        COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      22.02.2023                     FA No. 117 of 2022
                                     Sri Vipin Sanghi, C.J.
                                     Sri Alok Kumar Verma, J.

Mr. Ankur Sharma, the learned counsel for the appellant.

Mr. Sagar Kothari, the learned counsel for the respondent.

Parties are present. We have interacted with them. The appellant states that in case her needs for the future are met, and permanent alimony is granted to her, she may give up her challenge to the impugned judgment and decree.

During our interaction, it appears that the respondent is reluctant to give any meaningful permanent alimony to the appellant. He states that he would need some time to consult with his family members on the amount that he can offer to the appellant towards permanent alimony.

After the divorce petition was allowed on 10.02.2022, no maintenance has been paid by the respondent to the appellant. When the proceedings were pending before the Family Court, the respondent was making payment of maintenance amount of Rs. 3,500/- per month to the appellant.

The appellant is unemployed, and she is a housewife. She is dependent on her old aged parents. She states that even to attend to the present case, she has to travel from Dehradun, and to incur expenditure, which she cannot afford.

Considering the passage of time, in our view, the respondent should pay to the appellant interim maintenance at the rate of Rs. 5,000/- per month from 10.02.2022 onwards.

We, accordingly, direct the respondent to make payment of the said amount to the appellant every month by the 10th of the month in advance. The arrears shall be cleared in two instalments. The first instalment shall be paid within three months from today, and the second instalment shall be paid within six months from today.

List on 29.03.2023.

The parties shall remain present in the Court on the next date.

    (Alok Kumar Verma, J.)          (Vipin Sanghi, C.J.)
         22.02.2023                    22.02.2023
Rahul