Manish Jain v. Ishita Jain

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 153/2025, CM APPL. 24136/2025 (Delay of 134 days in filing the appeal) & CM APPL. 24137/2025 (Stay) MANISH JAIN .....Appellant Through:

Mr. Anil Naagar and Mr.

Sudhir Kumar, Advocates.

versus ISHITA JAIN .....Respondent Through:

Mr. Tarun Diwan, Ms. Pyari, and Mr.

Chiraayu Trehan, Advocates with Respondent in person.

CORAM:

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

O R D E R

% 12.08.2025 1.

In the present Appeal, the Appellant and Respondent are husband and wife, and they have two minor children born from their wedlock.

2.

The Family Court has directed the Appellant to pay interim maintenance pendente lite in the amount of Rs. 15,000/- per month to the Respondent, who is also entrusted with the care and custody of the two minor children.

3.

During the financial year 2021-22, the Appellant's income, as reflected in his Income Tax Return (ITR), amounted to Rs. 4,62,500/-, which results in an average monthly earning of Rs. 38,000/-. 4.

Learned counsel for the Appellant submits that the Appellant is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2025 at 12:28:43

suffering from various disabilities to the extent of 37%, including speech and leg impairments.

5.

Per contra, learned counsel for the Respondent submits that the Appellant and his family operate two factories located in Sahibabad area of Ghaziabad, Uttar Pradesh, where they manufacture switchboards for electricity supply.

6.

Learned Counsel for the Appellant does not dispute that the Appellant's father is running a factory in Sahibabad, Ghaziabad, Uttar Pradesh, in partnership.

7.

This Court has duly considered the submissions made by the learned counsels for both parties.

8.

The amount of maintenance pendente lite granted by the Family Court is only Rs. 15,000/- per month. From perusal of the income tax records, it is evident that the Appellant has declared an annual income of Rs. 4,62,500/- for the financial year 2021-22. 9.

Hence, in view of the aforesaid facts & circumstances, no grounds have been established to proceed with the present Appeal. 10.

Accordingly, the present Appeal along with pending application(s), if any, is dismissed.

ANIL KSHETARPAL, J HARISH VAIDYANATHAN SHANKAR, J AUGUST 12, 2025/tk/ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2025 at 12:28:43