Abhishek Kumar v. Neha Lal

1. The petitioner impugns order dated 13.11.2017 passed by the family court assessing interim maintenance at Rs. 15,000/- per month payable from the date of the order i.e. 17.07.2015. Learned counsel for the petitioner contends that order is erroneous as despite noticing that respondent is gainfully employed, the court has passed the impugned order. 2018:DHC:2971

2. By order dated 23.03.2018, petitioner was directed to deposit a sum of Rs. 2,00,000/- with the Trial Court.

3. Learned counsel for the respondent submits that respondent has received only a sum of Rs.1,64,000/-. Learned counsel for the petitioner submits that Rs.2,74,000/- already stands paid over and above the said amount of Rs.[2] lakhs deposited in the Trial Court.

4. With the consent of parties, the present petition is disposed of with the direction that the amount deposited by the petitioner in the sum of Rs.[2] lakhs be released by the Trial Court to the respondent without prejudice to the rights and contentions of the parties and the said amount shall be adjusted at the time when a final order is passed by the Trial Court.

5. Further, petitioner shall continue to pay the said amount of Rs.15,000/- per month to the respondent, which shall also be without prejudice to the rights and contentions of the parties and shall be subject to adjustment after the final order is passed by the Trial Court.

6. It is informed that the matter is listed before the Trial Court for cross-examination of respondent No.2 on 02.07.2018.

7. The Trial Court is directed to expedite the conclusion of recording of evidence of parties and to pass a final order preferably within a period of three months from the next date of hearing.

8. The Petition is disposed of in the above terms.

9. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J MAY 07, 2018 ‘Sn’