July 16, 2019:
Delhi High Court has held that whether the trial court grants or declines to grant interim maintenance would depend upon the facts and circumstances of a case but the trial court should not delay or refuse to decide an application seeking interim maintenance.
A bench of Justice Sachdeva has passed the order in the case titled as ANU RANI vs VISHWANTRA DHAMA on 15.07.2019.
On 26.10.2018, directions were issued to the parties to file their income affidavits and the matter was adjourned to 29.11.2018. On 29.11.2018, the trial court noticed that the income affidavits of both the parties had been filed and thereafter the matter was listed for mediation, however, mediation was not successful and the trial court thereafter listed the matter for evidence. Petitioner then challenged this order before the High Court.
High Court observed "In my view, it is incumbent upon the trial court to consider the application for grant of interim maintenance. Whether the trial court grants or declines to grant interim maintenance would depend upon the facts and circumstances of a case but the trial court should not delay or refuse to decide an application seeking interim maintenance".
High Court also observed "The order sheet reveals that arguments had been heard by the trial court on interim maintenance application but the main case was listed for evidence without disposing of the application for interim maintenance. The Trial Court, as noticed above, should have decided on the plea of grant of interim maintenance with promptitude".
High Court then directed "In view of the above, the petition is allowed. The trial court is directed to decide the application seeking interim maintenance within a period of one month from the next date of hearing before the trial court i.e. 02.08.2019".
Read the Order here:
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