Tarun Kaushik v. Seema Kaushik

Delhi High Court · 05 Nov 2014 · 2014:DHC:5721
Sunil Gaur
CM(M) 965/2013
2014:DHC:5721
family petition_dismissed

AI Summary

The Delhi High Court upheld interim maintenance of Rs. 7,000 per month to the respondent wife under Section 24 of the Hindu Marriage Act despite her capability to earn, as she was not actually employed due to the troubled marriage.

Full Text
Translation output
CM (M) 965/2013 Page 1
HIGH COURT OF DELHI
Date of Decision: 5th November, 2014
CM(M) 965/2013 & C.M.APPLN.14617/2013
TARUN KAUSHIK ..... Petitioner
Through: Mr. Arun Sharma, Advocate
VERSUS
SEEMA KAUSHIK ..... Respondent
Through: Mr. Harish Kumar, Advocate
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
(Oral)
Impugned order of 11th March, 2013 grants interim maintenance at the rate of `7,000/- per month to respondent in an application under
Section 24 of the Hindu Marriage Act.
The factual background of this case already stands noted in the impugned judgment and needs no reproduction.
At the hearing of this petition, it was vehemently submitted by learned counsel for petitioner that respondent was working in VLCC
(Vandana Luthra Curls and Curves) and is a post-graduate and is capable of earning and this aspect has been ignored by the concerned Family
Court and therefore, impugned order deserves to be set aside.
Upon hearing and on perusal of impugned order and the material on record, I find that when the marriage of the parties had not run into rough weather, then respondent was working but due to troubled marriage
2014:DHC:5721
CM (M) 965/2013 Page 2 of the parties, respondent is not working.
Learned counsel for respondent had informed during the course of hearing that respondent had taken training at VLCC and she has not worked there.
Be that as it may. It is not disputed that appellant is earning
`25,000/- per month.
In the facts and circumstances of this case, I find that grant of interim maintenance at the rate of `7,000/- per month is amply justified.
Finding no substance in this petition, it is dismissed.
The petition and the application are accordingly disposed of.
(SUNIL GAUR)
JUDGE
NOVEMBER 05, 2014 s 2014:DHC:5721