If you’re looking for a Delhi High Court judgment on interim child maintenance, delve into the case of Deepika Sethi vs. Rohit Sethi. Explore the court’s decision, which increased the child’s monthly maintenance, and gain insights into the assessment of income, assets, and expenses. Understand the shared responsibility of parents and read the comprehensive analysis of this landmark Delhi High Court judgment delivered on April 12, 2022.
Summary of the Case
Ms. Deepika Sethi and Mr. Rohit Seth got married on 6th March 2011 according to Hindu customs and had a daughter named Sarisha. However, due to differences between the parties, they started living separately from 8th July 2019, and custody of the daughter was with the appellant-mother.
In her application filed under Section 24 of the Hindu Marriage Act, Ms. Deepika Sethi claimed maintenance of ₹1,50,000 per month for herself and her daughter. The learned Additional Principal Judge considered the income affidavits of both parties and denied maintenance to the appellant. However, the court granted monthly maintenance of ₹15,000 for the child, considering her expenses and the respondent’s income.
Appeal and Grounds of Challenge
Displeased with the order of maintenance, Ms. Deepika Sethi filed an appeal before the Delhi High Court. The main grounds of challenge were that the respondent’s income and assets were not adequately assessed by the lower court. The appellant argued that the respondent, as the Director of M/S Sysacme Private Limited and sole proprietor of M/S Innate Infotech, had substantial financial resources that were not considered.
Delhi High Court's Decision
Hon’ble Delhi High Court analyzed the income affidavits and financial details provided by both parties. It noted discrepancies in the respondent’s income declarations, which indicated additional sources of income beyond the amount stated. The court observed that the appellant, who was working and earning ₹1,12,081 per month, is not entitled to interim maintenance under Section 24 of the Act.
However, the court emphasized that the upbringing of the child is a joint responsibility, and her financial needs should not be neglected due to the differences between the parents. Considering the respondent’s financial status, the court enhanced the interim maintenance for the child to ₹35,000 per month from the date of the maintenance application. The arrears would be cleared in six equal monthly installments, along with the regular monthly maintenance.
Conclusion
The judgment in the case of Deepika Sethi vs. Rohit Seth highlights the Delhi High Court’s approach to interim maintenance in divorce cases. The court recognized the importance of providing sustenance to the spouse and meeting the litigation expenses. Additionally, it emphasized the shared responsibility of parents in ensuring the child’s well-being and development.
This decision serves as a reminder that financial resources and assets should be thoroughly assessed to determine appropriate maintenance amounts. The judgment also sheds light on the court’s commitment to protecting the rights of children involved in divorce proceedings.
