Subodh @ Rupesh v. Priya

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 181/2016 SUBODH @ RUPESH ..... Appellant Represented by:

Mr.Neeraj Deora, Adv.

versus PRIYA ..... Respondent Represented by:

None

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 05.12.2016 CM No.44905/2016 Exemption is allowed subject to all just exceptions. CM No. 44907/2016 For the reasons mentioned in the application, 22 days' delay in refiling the appeal is condoned.

MAT.APP.(F.C.) 181/2016 1.

Treating respondent to be having no income, in view of the admission made by the appellant that he is earning `18,000/- per month, the maintenance awarded to the respondent is `3,000/- per month. Litigation expenses in sum of `11,000/- has been awarded in addition. 2.

With reference to certain photographs showing the respondent sitting and working on a desk as also the photograph of school building, learned MAT.APP.(F.C.) 181/2016

counsel for the appellant urges that the respondent would be earning some monthly income.

3.

The photograph of the school building shows the same to be probably a small set-up. Salary paid by these kinds of schools to their staff is meagre. Proof is the large number of cases filed in this Court by staff of private schools in small colonies alleging that wages paid to them is even less than minimum wages.

4.

Assuming that the respondent would be having some income, we find no infirmity in the order, noting that the appellant is earning `18,000/- per month as admitted by him; monthly maintenance awarded to the wife is `3,000/-.

5.

The appeal is dismissed.

6.

No costs.

CM No.44906/2016 Dismissed as infructuous.

PRADEEP NANDRAJOG, J.

YOGESH KHANNA, J.

DECEMBER 05, 2016 VLD MAT.APP.(F.C.) 181/2016