Sangeeta Chaturvedi vs Manoj Chaturvedi on 31 May, 2016

2. Notice of the appeal was issued and status quo qua possession

directed to be maintained. Vide order dated 23rd August, 2004, Mr. Raman

Kapur, Advocate (now Senior Advocate) was requested to assist the Court

on behalf of the appellant. The Trial Court record was requisitioned.

Considering that the parties are husband and wife, attempts at mediation

were made but remained unsuccessful. Finally, on 30th May, 2006, the

appeal was admitted for hearing and the ad-interim order dated 14th January,

2004 made absolute till the decision of the appeal. The parties were again

referred to mediation but which again failed. On 23rd July, 2013, it was

informed (a) that the claim of the appellant/wife to the subject flat is on

account of the same being her matrimonial home; (b) that besides this

proceeding, divorce proceedings as well as maintenance proceedings were

also pending between the parties; (c) that electricity connection to the

subject flat stands disconnected and there are arrears of over Rs.2,50,000/- to

be paid for restoration thereof; and, (d) that the brother of the appellant/wife

is married to the sister of the respondent/husband and that marriage has also

run into problem. Attempt at mediation again made also failed. Vide order

RFA No.24/2004 Page 2 of 9
dated 6th April, 2015, both parties were directed to file their affidavits of

assets, income and expenditure. Though the appellant/wife filed an affidavit

but the respondent/husband did not file any affidavit and the counsel for the

respondent/husband on 8th September, 2015 contended that the subject

matter of this appeal being not concerned with the aspect of maintenance,

there was no need therefor. The respondent/husband on 8th September, 2015

also offered that upon the appellant/wife vacating the flat, the

respondent/husband would in addition to the maintenance already fixed /

decided and / or being already paid, pay additional sum of Rs.7,000/- per

month to the appellant/wife for her lifetime. However, the said proposal was

also not acceptable to the appellant/wife. In this view of the matter, on 17 th

November, 2015, the counsels were heard on merits of the appeal and were

also permitted to file written submission and judgment was reserved.

Neither party has chosen to file written arguments, though brief synopsis of

submissions of the counsel for the appellant/wife is on record.

Source: Indian Kanoon

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