Husband’s Appeal against order granting maintenance to wife cannot be dismissed because of his failure to deposit arrears of maintenance
Case: Sabina Sahdev v. Vidur Sahdev, 2018
Court: Delhi High Court
In one of the above maintenance case, The husband was directed by the trial court to pay a monthly maintenance amount of Rs 35,000 to his wife. He, however, failed to pay the amount and coercive steps were taken by the trial court. Challenging the said order, the husband filed an appeal before the Appellate Court which was dismissed by the impugned order.
Advocates of Husband: Mani Mittal and Pratush Mittal
Advocates of wife: Bharti Sharma and S.K. Sharma
When advocates of husband and wife appeared before high court, difference of opinion noted by high court looking at below evident past cases.
- Rajeev Preenja v. Sarika 2009
- Sourav Sharma v. Neetu Sharma, Crl. Rev. P. 737 of 2015
- Crl. M.A. 16652 of 2015, decided on 14-05-2019
Delhi High court judge, Sanjeev Sachdeva allowed a revision petition and set aside the order of the Appellate Court whereby it had dismissed the appeal filed by the petitioner (husband) on the ground that he failed to deposit the entire arrears of maintenance despite several opportunities. In Sabina Sahdev Case, it was held that “appeal or revision cannot be dismissed solely on the ground of failure to pre-deposit the maintenance amount and the same would have been decided on merits.”
