IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4049 OF 2006

HARI OM BAJPAYEE ……. APPELLANT

VERSUS

ANJOO BAJPAYEE ……. RESPONDENT

ORDER

1. Heard the learned counsel appearing for the appellant.

2. In this appeal, the appellant has challenged the validity of the order dated  

8th October,  2004,  passed by the High Court  of  Judicature at  Allahabad  

whereby the High Court allowed the appeal of the respondent.

3. The respondent was married to the appellant on 11.03.1991 according to  

Hindu rites.   The parties  herein  lived together  only  for  a few days after  

which they separated.  Out of the wedlock, a girl child was born to them on  

03.12.1993.  The appellant had filed a suit for dissolution of the marriage  

seeking  for  grant  of  a  decree  of  divorce  against  the  respondent  on  the  

ground of cruelty.  The said suit was decreed ex parte on 14.07.2000 by the  

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Family Court, Kanpur Nagar.   Feeling aggrieved by the said judgment, the  

respondent  filed  an  appeal  in  the  Allahabad  High  Court.   It,  however,  

transpires from the record that before the filing of the appeal and after the  

decree was granted by the trial Court, the appellant had re-married and is  

now living with his second wife.

4. The appeal which was filed by the respondent came up for hearing before  

the Division Bench of the Allahabad High Court which by its judgment and  

order dated 8th October, 2004, held that the findings recorded by the Family  

Judge, Kanpur Nagar are against the evidence on record and are illegal and  

erroneous and therefore unsustainable in law.  Consequently, the findings  

of the Family Judge decreeing the suit were set aside.  The appeal thus was  

allowed by setting aside the judgment and decree passed by the trial Court.

5. Being aggrieved by the said judgment of the High Court, the present appeal  

was filed by the appellant-husband.  During the pendency of the present  

appeal in this Court, an application was preferred by the respondent-wife  

claiming maintenance for herself and the minor girl and also for covering up  

the expenses of the litigation.  This Court by an order dated 03.03.2008,  

after hearing the counsel appearing for the parties, passed an order that an  

amount of Rs. 2,500/- per month shall be paid by the appellant-husband to  

the respondent-wife and the daughter as an interim relief of maintenance.  

Counsel appearing for the appellant has stated before us that the aforesaid  

amount in terms of the directions of this Court was paid for some time only.

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6. We have today heard the learned counsel appearing for the appellant on the  

merits  of  the  appeal.   We  have  also  perused  the  records.   After  going  

through the same, we find that the High Court had considered the entire  

records and only after being fully satisfied, passed an order for setting aside  

the  decree  passed  by  the  Family  Court.   The  appellant  has  made  an  

allegation  of  cruelty  against  the  respondent-wife.   The  High  Court  after  

going through the records of the case has held that the respondent-husband  

therein had failed to prove the aforesaid allegation of cruelty by the wife.  

Significantly,  neither  any  member  of  the  family  nor  any  relative  was  

produced by the appellant-husband to prove the aforesaid allegation.  We,  

therefore, find no reason to interfere with the findings recorded by the High  

Court.  We, accordingly, dismiss the appeal.  Consequently, the suit filed by  

the appellant is also dismissed.  Considering the facts and circumstances of  

the case and also being conscious of the escalating costs of living, however,  

we deem it appropriate to direct that the appellant shall pay in terms of an  

interim direction issued by this Court on 03.03.2008 a sum of Rs. 2500/-  

per  month  to  the  respondent  wife  and  the  daughter  towards  their  

maintenance from 01.03.2008 till 18.02.2010. The appellant shall in terms  

of the present Order pay a sum of Rs 3500/- per month for the maintenance  

of both of them with effect from 01.03.2010. We, however, wish to make it  

clear that the amount already paid by the appellant during the aforesaid  

period shall be excluded.

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7. The arrear amount shall be paid within a period of six weeks from today and  

the amount in terms of this order shall be paid prospectively on the 10th day  

of each month. In case, the amount is not paid in terms of this order, the  

respondent-wife shall be at liberty to have the same executed in accordance  

with law.  

8. The appeal  stands dismissed in terms of  the aforesaid order  leaving the  

parties to bear their own costs.

..……………………………………. J [ DR. MUKUNDAKAM SHARMA ]

…………………. J [ A.K. PATNAIK ]

NEW DELHI MARCH 18, 2010.

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