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2014 DIGILAW 1174 (SC)

Reema Salkan v. Sumer Singh Salkan

2014-10-28

DIPAK MISRA, ROHINTON FALI NARIMAN, UDAY UMESH LALIT

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ORDER : 1. Delay condoned. 2. Leave granted. 3. Having heard Ms. Reema Salkan, appellant-in-person and Ms. Malavika Rajkotia, learned counsel for the respondent -husband, we are of the considered opinion that the cause of justice would be sub-served if the appellant is granted a sum of Rs. 20,000/-(Rupees Twenty Thousand Only) per month as interim maintenance commencing November 1, 2014. The said amount shall be paid by way of bank draft in the name of the appellant by the husband. The main application for grant of maintenance which is pending before the learned Family Judge forming the subject matter of M.C. No. 126 of 2014 shall be disposed of within a period of three months hence. 4. We have been apprised that the learned Family Judge who was hearing the matter has been transferred. Regard being had to the said fact, it is directed that the learned District Judge, Rohini District Court, Delhi shall allot the said case to another Family Court Judge who shall dispose of the same within the stipulated time and send the requisite intimation thereof to the Registry of this Court. Be it stated, there is no justification for delaying the decision in a maintenance matter, for such delay clearly exhibits lack of sensitivity to the issue. 5. At this juncture, we have been apprised that in pursuance of the order passed by the High Court, the respondent – husband had deposited certain sum before the High Court towards security. Keeping in view the factum of delay in adjudication and also taking note of the submissions made by the wife, we direct that 50% of the amount which was deposited before the High Court shall also be released in favour of the appellant by the Registry of the High Court of Delhi within a week hence. Needless to say, the same shall be a matter of determination at the time of final disposal of the main application. Learned Family Judge is also advised to take into consideration whether there would be some arrears of maintenance in computation of the interim maintenance fixed by the Family Court as well as by the High Court and pass appropriate orders while disposing the main application. 6. With the aforesaid observations and directions, the Appeals stand disposed of.