DELHI HIGH COURT – SECTION 24 OF HINDU MARRIAGE ACT – AD-INTERIM MAINTENANCE – WIFE IS ENTITLED TO SAME STANDARD OF LIVING WHICH SHE WAS ENTITLED TO LIVE ALONG WITH HER HUSBAND

Delhi High Court

Date of Judgement: 03.03.2015

Hindu Marriage Act 1955 – Section 24 – Ad-interim maintenance – Quantum of – Respondent (Husband) has filed divorce petition seeking dissolution of marriage on the grounds of cruelty and desertion – Respondent (Husband) has not been truthful in revealing his correct income and it is only a false statement made by respondent that he has suffered losses in business and because of which he had to take an employment at the rate of Rs. 25,000/- per month – It is also not correctly reflected by the husband as to how he is earning other monies by way of interest or otherwise, which according to him, add up his monthly income to the tune of Rs. 87000/- – Petitioner (Wife) has specifically made averment giving details of properties owned by respondent (husband) – Husband has not specifically denied that he does not own any of these properties – Properties are prime properties which are not only owned but must be a source of substantial amount of monies and income for respondent (husband) – Taking his income to be Rs. 5,50,000/- per month on the basis of his income tax returns was perfectly justified – Petitioner (Wife) is entitled to same standard of living which she was entitled to live along with respondent (husband) before respondent filed divorce petition on whatever grounds – Petitioner (Wife) is also entitled to various other facilities in order to maintain herself – Amount of maintenance enhanced from Rs. 35,000/- to Rs. 95,000/- per month – Litigation expenses of Rs. 1,10,000/- also awarded.

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Advocate Amaresh Singh

Advocate Amaresh Singh is a lawyer practicing in Supreme Court of India, Delhi High Court and various District Courts including Saket Court, Tis Hazari Court, Karkardooma Court, Patiala House Court and Dwarka Court. (M) 9999678571

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