IN THE HIGH COURT OF DELHI AT NEW DELHI

MAT.APP. 91/2008
MEENAKSHI

..... Appellant
Through: Mr. C. Mohan Rao with
Mr. Deepak Khadaria, Advs.

versus
TILAK SONI

..... Respondent
Through: Mr. Tarun Goswami, Adv.

CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
06.04.2009

MAT.APP. 91/2008
Be listed on 20th May, 2009.
CM No.3090/2009
1.

The learned counsel for the appellant has produced a document Mark

- X purporting to be the resume of the respondent which mentions the

income of the respondent as Rs.3.9 lacs per annum.
2.

The respondent is present in person and he denies the said document.

The respondent submits that his salary is merely Rs.15,000/- per month.
3.

In order to verify the authenticity of the said document, the statement

of the respondent has been recorded under

MAT.APP. 91/2008

Page 1 of 4

Section 165 of the Evidence Act. Though the respondent has denied the
said document, but has admitted substantial contents of the said document

to be correct except the paragraph relating to the income and degree of

MBA mentioned therein.
4.

After examining the respondent on oath and also his demeanour, I am

of the prima facie view that the respondent has made a false statement on
oath and if the document is genuine, it would be there in the email account
of the respondent as well as in the record of the companies, in which the
respondent would have applied for job. I, therefore, direct the SHO, Tilak
Marg to check the e-mail account of the respondent to ascertain whether
the document Mark X is genuine.

J.R. MIDHA, J

APRIL 06, 2009

Rb
5.

At this stage, the respondent admits the document Mark X and

tenders unconditional apology for wrongly denying the same and prays for
recalling of the order relating to the police investigation.
MAT.APP. 91/2008

6.

Page 2 of 4

Considering the facts and circumstances of this case, I accept the

apology of the respondent and recall the order relating to the police
investigation.

The respondent is warned to be truthful in future.

The

document Mark -X is exhibited as Ex.-X and the application is disposed of on

the basis of admissions of the respondent in Ex.-X.

7.

In Ex.-X, the respondent has mentioned his salary to be Rs.3.9 lacs per

annum which comes to Rs.32,500/- per month. The appellant has filed the
present application for maintenance.

The appellant was earlier getting

maintenance @ Rs.3,000/- per month before the learned Trial Court. At that
time, the respondents salary was taken by the learned Trial Court to be
Rs.12,000/- per month. The salary of the respondent has now increased
about three times.
8.

The maintenance of the appellant is fixed at Rs.5,000/- per month

w.e.f. the date of filing of this appeal upto the date and at Rs.8,000/- from
the date of this order till the disposal of the appeal.

The respondent is

directed to pay the whole arrears of the maintenance at the aforesaid rate
within 40 days and continue to pay the future maintenance at the rate of
Rs.8,000/- by the 7th of each English calender month.

MAT.APP. 91/2008

Page 3 of 4

9.

CM No. 3090/2009 is disposed of.

10.

Copy of this order be given Dasti to learned counsel for both the

parties.

J.R. MIDHA, J
APRIL 06, 2009
rb

MAT.APP. 91/2008

Page 4 of 4