1 Suman and anr Vs.

Sandeep Kundu
IN THE COURT OF MS ABHILASHA SAPRA KOHLI, (AD&SJ),
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, PANIPAT,
UID No.HR-0535
RBT Case No.: 687 of 2020
CIS No.MNT-257/2020
CNR No.: HRPP01-004959-2020
Date of Institution: 05.10.2020
Date of Decision:-15.03.2022

1. Suman aged 35 years wife of Sandeep Kundu son of Sh. Jagbir Singh
Kundu and daughter of Sh. Ram Kishan, resident of house no.180/28,
ward no.18, new Kranti Nagar, near Kartar Colony, Panipat at present
resident of village and post office Babail, Tehsil and District Panipat.
2. Shubham aged about 6 years son of Suman resident of house
no.180/28, Ward no.18, New Kranti Nagar, near Kartar Colony,
Panipat at present resident of village and post office Babail, Tehsil
and District Panipat (minor thorugh his mother i.e. petitioner no.1).

… Petitioners
Versus

Sandeep Kundu son of Sh. Jagbir Singh reident of house no.180/28,

ward no.18, near Kranti Nagar, near Kartar Coloy, Panipat.
….Respondent

Application for granting interim maintenance.

Present: Shri Subhash Shelat Advocate for the petitioner.

Shri Mohinder Singh Advocate for the respondent.

ORDER:

This petition in hand is an out come of the waring

couple. The parties admittedly got married on 14.02.2010 according to

Hindu rites and ceremonies at Panipat. The marriage was consummated

(Abhilasha Sapra Kohli)

Additional Principal Judge,
Family Court, Panipat, 15.03.2022
UID No.HR0535
 2 Suman and anr Vs. Sandeep Kundu
and one male child Shubham aged about 7 yeas was born from the said

wedlock, who are now residing with the petitioner no.1. Now, there are

allegations and counter allegations against each other. The petitioner has

submitted that at the time of solemnization of the marriage her parents

spent amount of ₹30,00,000/- that too beyond their capacity and gave

handsome dowry articles to the respondent and his family members.

Furthermore, she has submitted that she was taunted and

tortured on account of bringing insufficient dowry despite all she endured

the said behavior, in order to save her matrimonial bond. Along with these

averments, she has narrated certain incidents how and when she was

subjected to cruelty. Further she has also averred that petitioner no.2 their

son is suffering from a rare disease by birth thus even though the petitioner

requested the respondent and his parents to get Subham diagnosed and

accordingly to pursue his medical treatment in a required manner but no

heed was given to the said request of the petitioner no.1. Furthermore, the

petitioner has stated that she is a household lady having no source of

income, fully dependent upon her parents and her brother. On the other

hand, the respondent is practicing advocate in District Courts, Panipat and

also doing business of property dealer. Further he is an income tax payee

and also paying income tax return thus having handsome income of more

than one lac rupees per month. Apart from the said job work he also owns

two houses, one the above mentioned address and the second one is

situated at Jatal Road, Panipat. Not only this he also has two shops and

(Abhilasha Sapra Kohli)

Additional Principal Judge,
Family Court, Panipat, 15.03.2022
UID No.HR0535
 3 Suman and anr Vs. Sandeep Kundu
agriculture land in village Bajawa, Tehsil Israna, District Panipat. With

these averments, she has submitted that petitioner no.2 is suffering from a

dangerous rare disease thus his medical expenses and treatment to be

provided by the respondent and his parents. Further she being his legally

wedded-wife is duty bound to be maintained by the respondent

accordingly has sought maintenance to the tune of ₹30,000/- per month.

On these allegations and submissions petitioner no.1 filed this petition

under section 125 of Cr.P.C claiming maintenance along with the present

application for ad-interim maintenance.

2. Reply to the application, filed by the respondent husband. In

reply, he has denied all the allegations of cruelty and torture etc. He also

denied that his earning is more than Rs.1 lac from all the above mentioned

sources. Further he has submitted that petitioner no.1 is a well qualified

educated lady, who earlier worked as an Assistant Professor in several

institutions like I.B. College, Panipat. N.C. College, Israna and

Department of Commerce in Delhi University, Delhi thus used to earn a

handsome salary of approximately rupees eighty thousand per month. She

is a highly qualified rather more qualified than the respondent. She is

having a bachelors degree in business administration apart from the

masters degree in commerce and philosophy. Not only this she is also

holding a bachelor degree in education has also qualified N.E.T and

H.TET and holds computer diploma also. With these averments has

prayed for the dismissal of the petition.

(Abhilasha Sapra Kohli)

Additional Principal Judge,
Family Court, Panipat, 15.03.2022
UID No.HR0535
 4 Suman and anr Vs. Sandeep Kundu
File perused and the submissions addressed by both the counsels

considered.

3. The present case is a special case in which the petitioner no.2 is

suffering from a rare disease. Nevertheless, both the parents the petitioner

no.1 and the respondent while neglecting the said fact are contesting

against each other. The petitioner has submitted that she has been deserted

by the respondent who has further refused to maintain her and the

petitioner no.2 without any sufficient cause.

Per contra the respondent has submitted that it is the petitioner

who herself left the matrimonial house along with the son petitioner no.2

without any reason or rhyme. During the course of arguments the

respondent stated at bar that he wants to leave the differences between

them behind and wants to start afresh for the health and betterment of their

minor child who is already undergoing lot of suffering, pain and agony.

However, the petitioner no.1 refused to join the company of the respondent

averring that she and her son petitioner no.2 were ill treated and neglected

in her matrimonial house. She further averred that it is the respondent who

is responsible for the state of their child today as his disease is by birth

despite that he was not produced adequate medical facilities at the time

they were required the most. The fact that the petitioner and the

respondent are staying separately is quite apparent as they both have

specifically stated so. However, the reason behind the said separation

(Abhilasha Sapra Kohli)

Additional Principal Judge,
Family Court, Panipat, 15.03.2022
UID No.HR0535
 5 Suman and anr Vs. Sandeep Kundu
cannot be addressed at this stage of the proceedings and the same is to be

redressed once the evidence is recorded.

4. Moving forward coming to the question of maintenance to be

awarded to the petitioners. In support of the application the petitioner no.1

has submitted her affidavit she has given her educational details along with

the other details. Further has specifically mentioned that she is not working

but is spending almost ₹30,000/- per month on the medical expenses along

with school fees, tuition fees etc on the minor child petitioner no.2.

The respondent has also filed his separate affidavit regarding his

economic status. He has mentioned that he is a law graduate practicing in

District Court Panipat thus is not having a handsome income. He has

further denied of him owning any immovable property in his name except

1/4 share in the chamber constructed in the New Lawyers building Phase

II, District Court Panipat.

5. Although both the petitioner no.1 and the respondent have

submitted that the other party is having a handsome income either by way

of drawing a salary or practicing etc however either of them has failed to

place any document in support of their respective contentions.

Nevertheless the respondent during the course of proceedings have given a

statement that he is ready to pay the medical expenses incurred on the

treatment of his son petitioner no.2. He has further stated he is ready to

directly pay the medical expenses to the institutions for the said treatment

or he is willing to reimburse the medical bills placed on the file by the

(Abhilasha Sapra Kohli)

Additional Principal Judge,
Family Court, Panipat, 15.03.2022
UID No.HR0535
 6 Suman and anr Vs. Sandeep Kundu
petitioner no.1. It is much relevant to mention here the respondent has also

filed a separate petition under Section 12 of Guardian and Wards Act for

seeking interim custody of his son Shubham. In the said petition he has

already been granted the visitation rights along with the rights to

accompany the respondent to attend the medical appointments. Thus it is

quite evident that both the parents are willing to bear the medical expenses

of the child and both of them are putting in best possible efforts to treat

their child, the petitioner no.2. The fact that the petitioner herself is very

well qualified thus it would be wrong to completely burden the respondent

to maintain the petitioners all by himself. It is indeed a very said state of

affairs that an educated couple like the one in the present case is not able

to set aside their differences for the sake of the treatment of petitioner no.2

who is vulnerable thus needs love, affection and company of both the

parents even more than a child having a normal childhood would.

Petitioner no.1 herself is highly qualified person, moreso in a better

position, than the respondent to earn for herself and maintain her, besides

supporting the respondent in the expenses incurred on medical treatment

required for the benefit their own son.

6. In the backdrop of such peculiar facts and circumstances of

the case, the application filed seeking interim maintenance is hereby

partly allowed with costs in the following manner:

i) Respondent is directed to pay ₹ 5000 /- per

month to petitioner no. 2.

(Abhilasha Sapra Kohli)

Additional Principal Judge,
Family Court, Panipat, 15.03.2022
UID No.HR0535
 7 Suman and anr Vs. Sandeep Kundu
ii) He is further directed to either pay the medical bills
to the medical institution directly or to
reimburse the medical expenses incurred by the
petitioner no.1 on the treatment of petitioner no.2 as and
when the requisite bills are placed on the file.
iii) The amount awarded in the present petition shall
be adjustable against the amount awarded in
related proceedings between the parties.
7. Keeping in view the above discussion it is held that
petitioner no.2 is entitled for interim maintenance to the tune of
₹5,000/- per month, which the respondent is liable to pay from the
date of filing of present application till the decision of the present
petition. Further he would either reimburse the bills of the treatment
of Subham petitioner no.2 or would directly pay the same to the
medical institutions during the course of his (petitioner no.2)
treatment henceforth i.e. from 15.03.2022. Apart from the above said
interim maintenance the respondent is also liable to pay ₹8,000/- as
litigation expenses to the petitioner no.1. Copy of this order be given
to the petitioner/counsel free of cost as envisaged under Section 128
Cr.P.C.

Pronounced: (Abhilasha Sapra Kohli)

15.03.2022 Additional Principal Judge, Family Court,
Panipat UID No.HR0535

Certified that this order contains 7 pages and each page has been checked and signed.

Neeraj Kumar, Stenographer Gr.I (Abhilasha Sapra Kohli)

Additional Principal Judge, Family Court,
Panipat UID No.HR0535

(Abhilasha Sapra Kohli)

Additional Principal Judge,
Family Court, Panipat, 15.03.2022
UID No.HR0535
 8 Suman and anr Vs. Sandeep Kundu

CNR No.: HRPP01-004959-2020 CIS No. MNT 257/2020

Suman Vs. Sandeep

Present: Sh. Subhash Shelat, counsel for the

petitioner.
Shri Mohinder Singh, Advocate for the respondent.

Remaining arguments on the application for grant of

interim maintenance heard. Now to come up after sometime for orders.

(Abhilasha Sapra Kohli)

15.03.2022 Additional Principal Judge, Family Court, Panipat
UID No.HR0535

Present: Sh. Subhash Shelat, Advocate for the

petitioner.
Shri Mohinder Singh, Advocate for the respondent.

Vide separate order of even date, the application for

interim maintenance has been partly allowed. Now to come up on
23.05.2022 for evidence of the petitioner as well as for making payment.

Pronounced: (Abhilasha Sapra Kohli)

15.03.2022 Additional Principal Judge, Family Court, Panipat
UID No.HR0535

Neeraj Kumar Stenographer Gr. I

(Abhilasha Sapra Kohli)

Additional Principal Judge,
Family Court, Panipat, 15.03.2022
UID No.HR0535