AO/157/2023
2023 Latest Caselaw 1457 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL

              APPEAL FROM ORDER NO. 157 OF 2023

                             23RD MAY, 2023

Between:

Surbhi Aggarwal                               ......                 Appellant

and

Neeraj Aggarwal                               ......                 Respondent

Counsel for the appellant           :    Mr.  Naman         Kamboj,   learned
                                         counsel

Counsel for the respondent          :    --


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The appellant-wife has preferred the present

appeal under Section 19 of the Family Court Act, to assail

the order dated 22.12.2022, passed by the Principal Judge,

Family Court, Dehradun, in O.S. No. 213 of 2021, whereby

the application preferred by the appellant-wife under

Section 24 of the Hindu Marriage Act to seek maintenance

pendente lite has been disposed of. The Family court has

granted maintenance of Rs.20,000/- per month in favour

of    the   appellant,      apart       from       litigation   expenses     of

Rs.20,000/-.
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2)        The appellant is, however, aggrieved by the

impugned order on the ground that the respondent-

husband is working with ICICI Bank at Gurugram, on the

post of Senior Chief Manager, and is earning about

Rs.3,00,000/- per month, apart from rental income of

Rs.70,000/- per month.


3)        We have perused the impugned order.


4)        From the same, it appears that the appellant

herself has been assessed to be earning Rs.1,00,000/- per

month. The appellant had filed her income-tax return for

years 2020-2021 and 2021-2022, showing taxable income

of Rs.15,91,990/- and Rs.5,58,860, respectively.       The

Family Court has examined the bank statements of the

parties, and the same show that the appellant has other

credit entries in her bank account, which were not

explained by her.   She is also deriving annual interest

income of Rs.3,00,000/- from the fixed deposits, which she

holds with the bank. On that basis, her income has been

assessed at Rs.1,00,000/- per month.       She has been

granted interim maintenance at the rate of Rs.20,000/-

per month.


5)        Aforesaid being the position, we are not inclined

to interfere with the impugned order.     The purpose of

granting maintenance under Section 24 of the Hindu
                               3




Marriage Act is not to bring about a complete quality or

parity in the matter of incomes of the warring spouses.

The purpose of grant of maintenance is to enable the

applicant, who is generally the wife, to live a life of

decency in keeping with the economic and social standard

of     the   couple.   In   our   view,   the   order   granting

maintenance at the rate of Rs.20,000/- per month, apart

from litigation expenses of Rs.20,000/- is just and fair,

and, we are, therefore, not inclined to interfere with the

impugned order. The appeal is, accordingly, dismissed.


6)            Since, we have examined the impugned order

on its merits, we are not going into the aspect of delay.



                                          ________________
                                          VIPIN SANGHI, C.J.



                                     _________________
                                     RAKESH THAPLIYAL, J.

Dt: 23rd MAY, 2023 Negi