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Rakesh Malhotra Petitioner(S) v. Krishna Malhotra (S).
Factual and Procedural Background
The matter concerns compliance with a maintenance (permanent alimony) obligation fixed at Rs. 13,750 per month on 20.02.2013, the same date on which a trial court granted a decree for divorce on the ground of cruelty. During submissions, Ms. Fauzia Shakil, learned Amicus Curiae, drew attention to a tabular chart and indicated that the record does not show payment of the maintenance from February 2013 onwards. Learned counsel for the petitioner stated that the petitioner-husband has deposited Rs. 2.83 lakhs. The court directed the petitioner to file an affidavit detailing all amounts paid towards the maintenance awarded on 20.02.2013 and to make good any shortfall by depositing the same in the Registry of the trial court within 15 days. The matter was listed for further consideration on 08.01.2020.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
Amicus Curiae's Submissions
- A decree for divorce on the ground of cruelty was granted on 20.02.2013.
- On the same date, permanent alimony was fixed at Rs. 13,750 per month, obliging the husband to pay maintenance at that rate.
- The record does not indicate that maintenance was paid from February 2013 onwards.
Petitioner's Arguments
- The petitioner-husband has deposited Rs. 2.83 lakhs.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court noted the amicus curiae’s submission that the record did not reflect maintenance payments since February 2013 and the petitioner’s assertion of having deposited Rs. 2.83 lakhs. To verify compliance with the maintenance order dated 20.02.2013 and to ensure that any arrears are addressed, the court directed the petitioner to:
- File an affidavit placing on record complete details of all amounts paid towards the awarded maintenance.
- Make good any shortfall by depositing the amount in the Registry of the trial court within 15 days.
The case was then scheduled for further consideration on 08.01.2020, indicating the court’s intention to monitor compliance based on the affidavit and any deposit made.
Holding and Implications
Petitioner directed to file an affidavit detailing maintenance payments and to deposit any shortfall within 15 days; matter listed for further consideration on 08.01.2020.
Implications: The immediate effect is to require the petitioner-husband to account for maintenance payments since 20.02.2013 and to clear any arrears through a deposit in the trial court’s Registry. The order ensures verification and enforcement of the prior maintenance award. No broader legal principle or precedent is set by this interlocutory order.
1. During the course of submission, Ms. Fauzia Shakil, learned Amicus Curiae invited our attention to a tabular chart. She submitted that the decree for divorce on the ground of cruelty was granted by the trial court on 20.02.2013 and on the same date, permanent alimony in the sum of Rs. 13,750/- per month was fixed and the husband was obliged to pay the maintenance at that rate.
2. According to the learned amicus curiae, the record does not indicate that said amount of maintenance was paid from February, 2013 onwards.
3. Learned counsel for the petitioner submits that sum of Rs. 2.83 lakhs was deposited by the petitioner-husband.
4. The petitioner shall place on record by way of an affidavit, complete details as to what amounts he has made over to the respondent by way of maintenance as awarded vide order dated 20.2.2013, In case, there is any short-fall, the same shall be made good and the amount shall be deposited in the Registry of the trial court within 15 days from today.
5. List for further consideration on 08.01.2020.
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