JITENDER KUMAR JAUHAR Vs. ANUPAMA JAUHAR
HIGH COURT OF DELHI
Jitender Kumar Jauhar
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(1.) THESE two matrimonial appeals are directed against the judgment dated 16.12.2004 passed by the Additional District Judge, Delhi ("ADJ") in H.M.A. No 712-A/04/96. By the impugned judgment the learned ADJ partly
allowed the said petition for divorce filed by Shri Jitender Kumar Jauhar
(the respondent in Mat. Appeal No 6 of 2005 and the appellant in Mat
Appeal No 8 of 2005) and held that the marriage between the parties which
took place on 12.5.1963 should be dissolved on the ground of desertion.
(2.) AGGRIEVED by the said judgment, Smt. Anupama Jauhar has filed Mat. Appeal No. 6 of 2005. To the extent that the impugned judgment holds that
the petitioner failed to prove that the respondent treated him with
cruelty, Shri Jitender Kumar Jauhar has filed the first mentioned appeal
being Mat. Appeal No 8 of 2005.
In addition to filing her appeal, Smt. Anupama Jauhar filed an application being CM No. 3681 of 2005 under Section 24 of the Hindu
Marriage Act 1955 ("Act") seeking maintenance of Rs. 1 lakh per month as
interim maintenance from the date of filing of the present appeal along
with Rs. 50,000/- on account of litigation expenses. Even while the said
application was pending, Smt. Anupama Jauhar filed another application,
being CM No 7373 of 2006, seeking a direction to Shri Jitender Kumar
Jauhar to pay Rs. 20,000/- per month as pendente lite maintenance till
such time the CM No. 3681 of 2005 was decided. By an order dated
16.10.2006 this Court allowed the CM No. 7373 of 2006 and directed Shri Jitender Kumar Jauhar to pay Smt. Anupama Jauhar pendente lite
maintenance of Rs. 20,000/- per month from 7.12.2005 onwards, till the
decision in CM No. 3681 of 2005. A review application being R.A. No. 428
of 2006 filed by Shri Jitender Jauhar against this order was disposed of
on 18.12.2006 with the clarification that the observations made in the
order dated 16.10.2006 would not affect the final determination of the
pending appeals on merits. Two other pending applications in two appeals
were disposed of.
(3.) FOR the sake of convenience, the parties will be referred to according to their respective positions before the trial Court. Accordingly, Shri
Jitender Kumar Jauhar will be referred to as the petitioner and Smt.
Anupama Jauhar as the respondent.;
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