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Anu Kaul vs Rajeev Kaul on 23 March 2009.pdf

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Anu Kaul vs Rajeev Kaul on 23 March 2009.pdf
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  Supreme Court of India Anu Kaul vs Rajeev Kaul on 23 March, 2009Bench: Tarun Chatterjee, H.L. Dattu  NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.1789-1790 OF 2009 (Arising out of SLP(C) NOS. 24589-24590 of 2007)Anu Kaul ........ Appellant VersusRajeev Kaul ........Respondent ORDER Leave granted.2) In the appeal filed by the respondent-husband before the High Court of Punjab and Haryana, being aggrieved by the judgment and decree passed by Addl. District Judge (Ad-hoc), Fast Track Court No.3, Faridabad, dated 04.06.2005, the appellant herein had filed an application underSection 24 of Hindu Marriage Act, 1955, for the grant of interim maintenance of Rs. 10,000/-(Rupees Ten Thousand only) and the litigation expense of Rs. 22,000/- (Rupees Twenty TwoThousand only). The application is partly allowed by the Court by its order dated 23.08.2006, by granting an amount of Rs.10,000/-towards litigation expense and a sum of Rs.2,000/- for the maintenance of the minorchild living with her. The Review Petition is also dismissed by the Court vide its orderdated 21.03.2007, leaving it open to the appellant/applicant to claim interimmaintenance before an appropriate forum in the capacity as a Guardian of the child.3) Challenging both the orders, the appellant-wife is before us in these appeals.4) Though notice of special leave petition is served on the respondent-husband, for the reason best known to him, has not entered appearance either in person or throughhis counsel.5) Marriage between the parties and birth of the female child Karmistha Kaul is not in dispute. Theassertion of the appellant in the application filed under Section 24 of Hindu Marriage Act, 1955 that Anu Kaul vs Rajeev Kaul on 23 March, 2009Indian Kanoon - http://indiankanoon.org/doc/1112575/1  the respondent is working as a Senior Head of Mukund Steel Ltd., having its head office at Mumbaiand drawing a salary of Rs.40,000/- per month and is entitled to claim perks for the education of his children was not denied by the respondent by filing his counter affidavit or reply statement.6) In the application filed, the appellant admits that she is employed and drawing a salary of Rs.9,000/- per month. However, she asserts, she has to pay an amount of Rs.3,000/- by way of rentto the tenanted premises which she is presently occupying in view of the lis between the parties. Shehas also stated, that, Kumari Karmisatha Kaul is now grown up and she is studying in Senior Schooland due to insufficient funds, her education is being hampered.7) A sermon on moral responsibility and ethics, in our opinion for disposing of this appeal may not be necessary, since the respondent has not disputed the assertion of the appellant. However, sincethe appellant is employed and is drawing a salary of Rs.9,000/- per month, we do not intend toenhance the interim maintenance awarded to her by the High Court during the pendency of theappeal filed by the husband. However, taking into consideration the child being the daughter of highly placed officer, the exorbitant fee structure in good Schools and the cost of living, we deem itproper to direct the respondent to pay a sum of Rs.5,000/- per month to the applicant commencingfrom 1st of April, 2009 for the maintenance of the minor child during the pendency of the appeals before the High Court.8) The appeals are disposed of accordingly........................................J.[ TARUN CHATTERJEE ] .......................................J. [ H.L. DATTU ] New Delhi, March 23, 2009. Anu Kaul vs Rajeev Kaul on 23 March, 2009Indian Kanoon - http://indiankanoon.org/doc/1112575/2
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