Delhi High Court - Orders
Simar Gulati vs Hitendra Luthra on 11 February, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 482/2020
SIMAR GULATI ..... Petitioner
Through: Ms. Nidhi Mohan Parashar and Ms.
Meghna Jandu, Advocates.
versus
HITENDRA LUTHRA ..... Respondent
Through: Mr. Ranjay Nediyadath, Advocate
.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 11.02.2021 The hearing was conducted through physical court.
1. The Court is informed that the respondent is in arrears of Rs.2 lakhs apropos the maintenance of Rs.75,000/- per month to be paid to the petitioner and Rs. 25,000/- per month to be paid to the daughter. The said amount shall be paid by the respondent on or before 19.02.2021, directly into the petitioner's bank account.
2. Should this payment be in excess of the requisite payments, adjustment shall be made in due course.
3. The husband has not paid the amount towards accommodation and household expenses. His learned counsel submits that the petitioner/wife is not living in the any rented accommodation, therefore no monies are payable to her for rental; That the order dated 24.01.2017 has been altered by this Court on 30.08.2019, directing that the issue of rental of Rs.75,000/- and the concomitant household expenses of Rs.25,000/- be determined by the Trial Court. The case is Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:12.02.2021 12:28:41 next listed before the Trial Court on 26.02.2021.
4. Nevertheless, it is not in dispute that the petitioner/wife has been living separately for the past 25 odd months and the respondent/husband would have to make some arrangements for her; she and the daughter cannot be compelled to live with the wife's parents. Therefore, keeping in view the fact that the petitioner/wife and mother of the child of the respondent/husband has been living separately and is bearing household expenses by herself, the amount @ Rs.25,000/- per month fixed for his purpose, ought to be made available to her. The arrears for the past 25 months adds up to Rs.6.25 lakhs. Let the said amount be paid by the respondent to the petitioner within two weeks from today.
5. Renotify on 08.04.2021.
6. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J FEBRUARY 11, 2021/rd/RW Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:12.02.2021 12:28:41