NON REPORTABLE                IN THE SUPREME COURT OF INDIA        CIVIL APPELLATE JURISDICTION

       CIVIL APPEAL NO.6713 OF 2008      (Arising out of SLP© No.17227 of 2007)

Anupam Gupta … Appellant

Versus

Sumeet Gupta …Respondent

O R D E R

1. Leave granted.

2. This appeal is directed against an order dated 27th

of August, 2007 passed by the High Court of Delhi

at New Delhi in C.M.No.11168 of 2007 arising out

of CM (Main) No.1718 of 2004  whereby the High

Court had disposed of C.M.No.11168 of 2007 filed

by the appellant for producing additional evidence

with  the  directions  to  the  appellant  to  pay

maintenance  to  the  respondent  at  the  rate  of

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Rs.35,000/-  per  month  and  clear  the  arrears

within two weeks.  

3. We have heard the learned counsel for the parties

and examined the impugned order.  In  our  view,

the  High  Court  was  not  justified,  while  dealing

with the application  for  acceptance  of  additional

evidence  to  direct  the  husband-appellant  to  pay

maintenance to the wife-respondent at the rate of

Rs.35,000/-  per  month and to  clear  the  arrears

within two weeks from the date of passing of the

impugned order.  

4. For the reasons aforesaid, the impugned order is

set  aside  and  the  application  for  acceptance  of

additional evidence is restored and the High Court

is requested to dispose of the same on merits in

accordance with law. In the event, the respondent

seeks  to  file  any  application  for  payment  of

maintenance and also for arrears of maintenance,

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it would be open for her to make such application

independent  of  the  application  for  acceptance  of

additional evidence. Both the applications if filed,

shall be decided in accordance with law.

5. We  are  informed  that  the  main  matter  namely

C.M. No.1718 of 2004 is pending for a long time.

We request the High Court to dispose of the main

matter namely C.M.(Main) No.1718 of 2004 at an

early date preferably within three months from the

date of  communication of  this order to the High

Court. The impugned order is thus set aside and

the  appeal  is  allowed  to  the  extent  indicated

above. There will be no order as to costs.  

      …………………….J.        [Tarun Chatterjee]

New Delhi; …………………….J. November 19, 2008. [V.S.Sirpurkar]

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