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* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON: 26.11.2013
% PRONOUNCED ON: 31.01.2014
+ FAO 473/2012
CM APPL.19864, 19865/2012, 7768/2013
MONICA MALIK ..... Appellant Through: Ms. Gurmeet Bindra, Advocate.
versus
AMIT MALIK ..... Respondent Through: Mr. Sounak S. Das, Advocate.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMI WAZIRI
MR. JUSTICE S.RAVINDRA BHAT
1. The appellant is aggrieved by an order of the Family Court made on her application seeking maintenance pendent lite under Section 24 of the Hindu Marriage Act, 1956 (hereinafter "HMA"). The impugned order held that the appellant was not entitled to maintenance, and at the same time it directed her to bear the expenses of the two children - who are living with her - to the extent of 40% for each child (i.e., `12,000/- of the total sum of
FAO (OS)473/2012 Page 1 `30,000/-, the balance payable by the respondent husband).
2. The parties to these proceedings - hereafter referred by their marital status (the appellant as „the wife‟ and the respondent as „the husband‟) - got married on 1.9.1992. The couple have two children, a daughter (Chavi, born on 5.2.1997) and a son (Sagar, born on 11.6.1993). The wife alleges that with a view to harass and torture her and the children, the husband abandoned them on 12.8.2009, and later initiated proceedings