(Indu Malhotra and R. Subhash Reddy, JJ.)
Rajnesh __________________________________________ Petitioner;
v.
Neha and Another _______________________________ Respondent(s).
Petition(s) for Special Leave to Appeal (Crl.) No(s). 9503/2018, decided on August 5, 2020
IA No. 159041/2018 – Exemption From Filing C/C of the Impugned Judgment IA No. 172048/2018 – Permission to File Additional Documents/Facts/Annexures)
Petition(s) for Special Leave to Appeal (Crl.) No(s). 9503/2018; CRWP No. 875/2015; IA No. 159041/2018; and IA No. 172048/2018
The Order of the court was delivered by
Order
1. An affidavit of compliance has been filed on 4th August, 2020 by the petitioner – husband stating that the arrears of maintenance payable to respondent No. 1 – wife of Rs. 1,45,000/- (Rupees one lakh forty five thousand) till 11.09.2019 [as per his calculation] has been paid by him in January, 2020. The petitioner has, however, not paid any Maintenance for the period after 11.09.2019 onwards.
2. The Counsel for the petitioner has stated that an amount of Rs. 10,000/- per month has been paid towards the maintenance of respondent No. 2 – son till July 2020, which is not disputed by the respondent No. 1 – wife.
3. We direct the petitioner to pay the entire arrears of Maintenance at the rate of Rs. 15,000/- per month as fixed by the Family Court, to the respondent No. 1 – wife to date, and continue to pay the said amount during the pendency of the present proceedings, subject to any further orders that may be passed by this Court.
4. The petitioner is further directed to file an affidavit of compliance of payment of Maintenance before the next date of hearing.
5. We are informed by the Counsel for the petitioner, that the parties are going through a process of counselling by a Marriage Counselor for re-union of the parties.
6. We post the matter as a part heard matter in the week commencing 24th August, 2020. The Counsel will inform us of the outcome of the proceedings before the Marriage Counselor.
7. The learned Amicus Curiae are requested to circulate the draft Affidavit of Disclosure of Assets and Income within a period of two weeks from today.
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