Mrs Meghna Singh Saxena v. Lieutenant Colonel Dhruv Shankar Saxena

$~53 & 54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 306/2024, CM APPL. 54431/2024-Stay DHRUV SHANKER SAXENA .....Appellant Through:

Mr. Vikas Aggarwal, Anshu Mahajan and Ms. Anjali Sharma, Advs.

versus MEGHNA SINGH .....Respondent Through:

Mr. Bharat Singh, Adv.

+ MAT.APP.(F.C.) 444/2024, CM APPL. 76185/2024-Delay 95 days MRS MEGHNA SINGH SAXENA .....Appellant Through:

Mr. Bharat Singh, Adv.

versus LIEUTENANT COLONEL DHRUV SHANKAR SAXENA .....Respondent Through:

Mr. Vikas Aggarwal, Anshu Mahajan and Ms. Anjali Sharma, Advs.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 10.02.2025

1. These two appeals, one preferred by the husband and the other by his estranged wife, seek to assail the order dated 06.08.2024 passed by the learned Family Court, South-West, Dwarka Courts, Delhi in HMA No. 2807/2017. Vide the impugned order, the learned Family Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

has allowed the application preferred by the wife under Order XI Rules 12 & 14 of CPC seeking enhancement of pendente lite maintenance by directing the husband to pay enhanced maintenance w.e.f. 01.04.2020.

While the husband, who is the appellant in MAT.APP.(F.C.) 306/2024 has prayed that the maintenance awarded by the learned Family Court be reduced and the enhancement, if any, be made effective only w.e.f. 01.06.2022, the wife, who is the appellant in MAT.APP.(F.C.) 444/2024, has prayed that the maintenance awarded by the learned Family Court be enhanced w.e.f. 01.04.2023.

2. After some arguments, learned counsel for the parties submit that instead of pressing the present appeals on merits, they may, in the light of the changed circumstances, be granted liberty to approach the learned Family Court to seek modification of the maintenance granted in terms of the impugned order, for which purpose, they may be permitted to rely on all permissible grounds in law including the change in circumstances.

3. The appeals are, accordingly, disposed of as not pressed with liberty, as prayed for. Since this Court has not expressed any opinion on the merits of the grounds raised in the two appeals, it will be open for the parties to raise all permissible grounds before the learned Family Court including the grounds raised in the present appeals. We, however, make it clear that the liberty granted will not entitle the parties to seek any variation in the quantum of maintenance for the period prior to 06.08.2024, i.e, the date when the impugned order was passed.

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

4. We, further direct that in case any arrears towards maintenance in terms of the impugned order are due and payable, the husband will ensure that the same are cleared within eight weeks. We also request the learned Family Court to expeditiously dispose of not only the applications for modification as may be filed by the parties but also endeavour to proceed with the adjudication of the pending HMA petition without granting any adjournment to any party. Liberation REKHA PALLI, J SAURABH BANERJEE, J FEBRUARY 10, 2025 acm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.