Appeal on Interim Orders Dismissed
The High Court of Delhi at New Delhi delivered a significant judgment on May 31, 2024, dismissing an appeal by a husband challenging interim orders issued by the Family Court. The appeal, MAT.APP.(F.C.) 178/2024, was filed against orders issued on February 17, 2024, by Judge Kuldeep Narayan of the Family Court-02, South-East, Saket Courts, New Delhi. This judgment reaffirms the Family Court’s decisions regarding the interim matters in a marital dispute.
Examination of Interim Orders
Family Court’s Decision:
1. Respondent’s Application: The Family Court had dealt with applications from both parties. The wife’s application under Order XI Rules 12 and 14 of the Code of Civil Procedure, 1908, seeking discovery of documents, was closed as the explanations provided by the husband’s counsel were deemed sufficient.
2. Appellant’s Application: The husband’s application, referencing the Supreme Court’s judgment in Rajnesh v. Neha (2020 SCC OnLine SC 903), sought production of documents. The Family Court reviewed the wife’s explanations and also closed this application.
Husband’s Contentions:
3. Non-Disclosure of Employment: The husband argued that the wife had not disclosed her employment status and earnings.
4. Non-Disclosure of Bank Accounts: He also claimed that the wife had failed to disclose a bank account with Canara Bank and a joint account with her mother at Axis Bank.
Court’s Findings:
5. Employment Status: The Family Court found that the wife was not employed but was an intern with Ms. Benita Bhatia, receiving Rs.20,000 as reimbursement for expenses, not as a salary.
6. Bank Accounts: The Family Court noted that the wife had disclosed the creation of a fixed deposit by her parents before marriage and that the annual interest earned from this was credited to the Canara Bank account. The joint Axis Bank account held with her mother was deemed irrelevant to disclose in her income affidavit.
High Court’s Ruling
Agreement with Family Court:
7. Internship Status: The High Court agreed with the Family Court that the internship certificate verified the wife’s status and that reimbursement for expenses did not count as income needing disclosure.
8. Bank Accounts: The explanations regarding the bank accounts were accepted by the Family Court, and the High Court found no reason to dispute these conclusions.
Dismissal of Appeal:
9. No Interference Warranted: The High Court found no reason to interfere with the Family Court’s order and dismissed the appeal.
10. Cost Imposed: The husband was ordered to pay Rs.20,000 as costs to the wife for engaging a lawyer to defend the appeal, payable within two weeks.
