Shikha Jain v. Siddharth Jain

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 83/2025 SHIKHA JAIN .....Appellant Through:

Mr.

Angad Ahluwalia, Advocate.

versus SIDDHARTH JAIN .....Respondent Through:

Ms. Manya Hasija and Ms.

Rasika Jalan, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 17.11.2025 1.

The present Appeal has been filed under Section 19 of the Family Courts Act, 1984, seeking to set aside the Order dated 07.01.2025 passed by the learned Family Court, Patiala House Courts Complex, New Delhi in HMA No. 600/2019, whereby the learned Family Court dismissed the Appellant-Wife's petition under Section 24 of the Hindu Marriage Act, 1955, seeking interim maintenance for herself and the two minor daughters.

2.

Admittedly, the Appellant is earning Rs. 2,00,000 per month. The Respondent is paying the school fees of the two children, who are in the care and custody of the Appellant. It is further noted that the Appellant has made investments of nearly Rs. 5 crores during the last three years.

3.

The learned Family Court has recorded the following observations in paragraph 33 of the Impugned Judgment, which reads The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

as under:- "33.

Further, perusal of all the statements of bank accounts of the company M/s Zico Environmental and that of the respondent would show that from 30.09.2020 to 05.07.2024 respondent had transferred Rs. 29,20,106/- to her personal account and between 28.02.2022 and 21.10.2024 she withdrew Rs. 3,31,000/- as cash from the company. Thus, she had paid to herself Rs. 32,51,106/- from the company between 30.09.2020 to 21.10.2024. Further, between 19.05.2022 and 20.04.2024 she paid Rs. 3,37,55,444/- (Three Crore Thirty Seven Lakhs Fifty Five Thousand Four Hundred and Forty Four Only) from the said Company towards the purchase of property in Mahindra Homes. Still further, between 18.03.2021 and 02.11.2023 she paid Rs.

1,41,15,416/- (One Crore Forty One Lakhs Fifteen Thousand Four Hundred and Sixteen Only) from her personal account towards the purchase of property in Heritage Max Realtech. Further, between 01.11.201 and 07.11.2023 she paid Rs. 15,33,118/- (Fifteen Lakhs Thirty Three Thousand One Hundred and Eighteen Only) from her personal account towards the purchase of property in PIPL Prime. Thus, between 18.03.2021 to 20.04.2024 she had paid Rs. 4,94,03,978/- (Four Crore Ninety Four Lakhs Three Thousand Nine Hundred and Seventy Eight Only) towards the purchase of aforesaid properties and out of the said amount Rs. 1,56,48,534/- was paid from her personal account."

4.

The learned Family Court, considering all these facts, has refused to grant maintenance pendente lite to the Appellant. 5.

Learned counsel for the Appellant submits that the Respondent has also concealed his income from the learned Family Court and is spending lavishly.

6.

This Court is of the opinion that at this stage, the learned Family Court is only required to examine whether any amount of maintenance is payable to the Appellant and her children. As already noted, the Appellant has sufficient income and has the financial capacity to make substantial real estate investments. Hence, no ground for interference is made out, and in view of the same, the present Appeal is dismissed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

The present Appeal, along with pending application(s), if any, shall stand disposed of in the aforesaid terms. ANIL KSHETARPAL, J HARISH VAIDYANATHAN SHANKAR, J NOVEMBER 17, 2025/nd/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.