* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 22.02.2024
% Judgment pronounced on: 28.03.2024
+ MAT.APP.(F.C.) 87/2019 & C.M. No. APPL. 13356/2019, C.M.
APP. 407/2020, C.M. APP. 3144/2023, CM APPL. 42129/2023, CM
APP. 50290/2023, CM APP. 50354/2023, CM APP. 50361/2023, CM
APP. 50363/2023
SANJAY KUMAR BARANWAL ..... Appellant
Through: Mr. Hargovind Jha, Advocate along
with appellant.
versus
BHAVNA KUMARI ..... Respondent
Through: Mr Rajnish Ranjan and Mr Shivansh
Srivastava, Advocates.
+ MAT.APP. (F.C.) 159/2019 & C.M. No. APPL. 27111/2019
BHAVNA KUMARI ..... Appellant
Through: Mr Rajnish Ranjan and Mr Shivansh
Srivastava, Advocates.
versus
SANJAY KUMAR BARANWAL ..... Respondent
Through: Mr. Hargovind Jha, Advocate along
with appellant.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]
AMIT BANSAL, J.:
1. Both the appeals arise out of the same impugned order.
Signature Not Verified
Digitally Signed By:DINESH
MAT.APP.(F.C.) 87/2019 and connected Page 1 of 7
KUMAR
Signing Date:28.03.2024
11:59:44
2. MAT.APP. (F.C.) 87/2019, has been filed by Mr Sanjay Kumar
Baranwal (‘Husband’) seeking setting aside/modification of the impugned
th
order dated 29 January, 2019, passed by the learned Judge, Family Courts,
Dwarka, New Delhi (‘Family Court’) whereby the application filed by the
Mrs Bhavna Kumari (‘Wife’) under Section 24 of Hindu Marriage Act, 1956
(‘HMA’) was disposed of, directing the Husband to pay a cumulative sum of
Rs.66,000/- per month (Rs.22,000/- each to the Wife and the two daughters)
as pendente lite maintenance, until the disposal of the divorce petition filed
by the Husband under Sections 13(1)(ia) of the HMA.
3. MAT.APP. (F.C.) 159/2019, has been filed by the Wife seeking
enhancement of the interim maintenance from Rs.66,000/- per month to a sum
of Rs.1,25,000/- per month.
4. Briefly stated, the facts of the case are set out hereinafter. The parties
th
got married on 8 March 2000, as per Hindu rites and ceremonies. Two
th th
children were born from the said wedlock on 13 March 2001 and 15 April
2006 respectively. Disputes arose between the parties in March 2018, which
resulted in multiple rounds of litigation.
5. The present petition arises from a petition filed by the Husband seeking
dissolution of marriage under Section 13(1)(ia) of the HMA, before the
Family Court. During the pendency of the divorce petition, the Wife moved
an application under Section 24 of HMA, seeking interim maintenance at the
rate of Rs.1,25,000/- per month.
6. By way of the impugned order, the Family Court assessed the monthly
disposable income of the Husband in the range of Rs. Rs.1,10,000/- per month
and directed the Husband to pay a cumulative sum of Rs.66,000/- per month
as interim maintenance, Rs.22,000/- each, to the Wife and the two daughters.
Signature Not Verified
Digitally Signed By:DINESH
MAT.APP.(F.C.) 87/2019 and connected Page 2 of 7
KUMAR
Signing Date:28.03.2024
11:59:44
The operative portion of the order passed by the Family Court has been set
out below:
“18 The petitioner has no other liability except to maintain himself as
well as his wife and both the children. Thus, entire disposable income
of the petitioner of Rs. 1,10,000 is required to be divided into 5 equal
shares. Out of which one share is required to be given to respondent /
wife Bhavna Kumari, one share to his daughter Ms. Sanhita Kumari,
one share to his son Master (SIC) Shreya Sargam, one share to the
petitioner and one additional share to the petitioner for his day to day
needs and expenses. Thus, respondent is entitled to receive a total sum
of Rs.66,000/- per month towards pendente lite maintenance from the
petitioner.
19 In view of the above facts and circumstances, the application filed
by the respondent is allowed. The petitioner is directed to pay a sum of
Rs.66,000/- per month as pendente lite maintenance to the respondent
from the date of filing of application till the disposal of petition.
The petitioner shall make the payment of arrear of maintenance
within a period of three months from today. Any amount paid by the
petitioner to the respondent as maintenance under the order of any court
or otherwise shall be adjusted against the arrears. The application is
accordingly disposed of.”
7. Assailing the impugned order passed by the Family Court, both parties
have approached this Court by way of the present appeals.
8. In the appeal filed by the Husband, the predecessor bench passed a
detailed order dated 9th May, 2019, directing the Husband to pay a sum of
Rs.66,000/- per month to the Wife including the school fees of the children
and also directed him to clear arrears of maintenance awarded by the Family
Court within 6 weeks. Further, the parties were referred to mediation.
However, the mediation was not successful.
9. Subsequently, the Husband filed an application, C.M. No.
APPL.3144/2023, seeking modification of the impugned order based on
change in circumstances.
Signature Not Verified
Digitally Signed By:DINESH
MAT.APP.(F.C.) 87/2019 and connected Page 3 of 7
KUMAR
Signing Date:28.03.2024
11:59:44
10. Broadly, the Husband seeks modification of the impugned order on the
following grounds:
I. The elder daughter has attained majority in the year 2019. She has
started working in the USA and has been earning substantial amounts
since April 2020. Therefore, there is no requirement to pay any
maintenance qua her.
II. The Husband who is employed at Tata Consultancy Services, has
experienced a reduction in salary since August 2021.
III. The Wife is residing in the matrimonial house whereas the Husband is
residing in a separate rented accommodation and the rental has
increased over a period of time.
IV. The Husband is suffering from various medical ailments and
depression.
V. The Wife is well qualified to make her own living rather than depending
upon the Husband.
11. In the reply filed on behalf of the Wife, it has been stated as under:
I. The elder daughter has recently graduated after completing her 4-year
degree in May 2023 and has started earning only thereafter.
II. As per the salary slip filed by the Husband, his annual income in
December 2018 was Rs.23,14,281/- and the same has increased to
Rs.24,29,322/- in November 2022. Therefore, it is wrong to state that
his salary has reduced.
III. Apart from the matrimonial house, which is in the occupation of the
Wife, the Husband also owns various other properties from which he is
drawing rental income.
Signature Not Verified
Digitally Signed By:DINESH
MAT.APP.(F.C.) 87/2019 and connected Page 4 of 7
KUMAR
Signing Date:28.03.2024
11:59:44
IV. The Wife is not keeping well and has been advised knee surgery due to
degenerative changes in the knee joint. Further, the younger daughter
was diagnosed with Slipped Capital Femoral Epiphysis wherein the
Wife had spent about Rs.1,31,390/- for the treatment.
V. The younger daughter is studying in Class XII and the Wife is meeting
the educational expenses of the younger daughter with the help of
financial support from her brothers.
12. We have heard the counsels for the parties and examined the material
on record.
13. Counsel appearing on behalf of the Wife candidly admits that after
completion of the 4-year degree i.e., Bachelor of Computer Science in
Software Engineering and Cyber Security from a USA university, the elder
daughter has secured a job in the USA with effect from July 2023. Therefore,
there need not be any maintenance towards her after July 2023.
14. As regards the submission of the Husband that the elder daughter had
started earning since April 2020, it is an admitted position that the elder
daughter completed her engineering degree in May 2023. Even if, some
amounts were earned by the elder daughter before graduation, it would only
be a minimal amount to meet her living expenses. Therefore, we are unable
to accept the aforesaid submission made on behalf of the Husband.
15. Next, it is further contended on behalf of the Husband that his salary
has seen a reduction since August 2021.
16. As per the latest salary slip for the month of November 2022, placed on
record before this Court, the Husband is drawing a gross monthly salary of
Rs.1,79,792/-. This figure includes Rs.27,550/- towards the House Rent
Allowance, besides other allowances. Out of the aforesaid amount, a sum of
Signature Not Verified
Digitally Signed By:DINESH
MAT.APP.(F.C.) 87/2019 and connected Page 5 of 7
KUMAR
Signing Date:28.03.2024
11:59:44
Rs.32,799/- is deducted towards Income Tax and further sums of Rs.6,936/-,
Rs.5,780/- and Rs.5,510/- are deducted towards Provident Fund, Voluntarily
Provident Fund and NPS (‘National Pension System’) respectively. After the
aforesaid deductions, the net monthly pay of the Husband is Rs.1,28,757/-.
17. In comparison, as per the salary slip for the month of December 2018,
placed before the Family Court, the Husband was drawing a gross monthly
salary of Rs.1,84,938/- which is not significantly different from the salary
drawn in November 2022. However, the net monthly pay that the Husband
was receiving in December 2018 (i.e., Rs.1,41,807/-), was slightly more than
the net monthly pay for the month of November 2022 (i.e., Rs.1,28,757/-)
since the net amounts deducted towards saving were lesser in December 2018.
The record reveals that the Husband is securing his future by contributing
towards the Provident Fund, Voluntarily Provident Fund and NPS. On the
contrary, the Wife has no independent source of income, as recorded in the
impugned order passed by the Family Court.
18. Therefore, the submission of the Husband that he is financially worse
off now than the period when the impugned order was passed is unmerited.
19. In view of the discussion above and taking into account that the elder
daughter of the parties has started earning with effect from July 2023, we are
of the view that the interim maintenance payable by the Husband should thus,
be reduced from Rs.66,000/- to Rs.44,000/- per month with effect from July
2023. It is ordered accordingly.
20. Subject to the aforesaid modification, the impugned order is sustained.
21. Accordingly, both the appeals along with pending applications stand
disposed of.
Signature Not Verified
Digitally Signed By:DINESH
MAT.APP.(F.C.) 87/2019 and connected Page 6 of 7
KUMAR
Signing Date:28.03.2024
11:59:44
22. Arrears of maintenance, if any, shall be cleared by the Husband within
four weeks from the date of this judgment.
23. Taking into account the divorce was filed by the Husband as far back
in 2018, the Family Court shall endeavour to expeditiously decide the same.
AMIT BANSAL
(JUDGE)
RAJIV SHAKDHER
(JUDGE)
MARCH 28, 2024
rt
Signature Not Verified
Digitally Signed By:DINESH
MAT.APP.(F.C.) 87/2019 and connected Page 7 of 7
KUMAR
Signing Date:28.03.2024
11:59:44