PAREDEI KOTHARI Vs. ASHISH SUD

JUDGEMENT

(1.) This order will dispose of the Petitioner's application for ad-interim maintenance, sought against the Respondent, her husband. She has sued the latter for a decree of maintenance at the rate of 50,000/-. The parties are hereafter referred to as "the wife" and "the husband", respectively. The wife also claims a decree for of 12,75,000/-.

(2.) Briefly, the pleadings in this case disclose that the marriage between the two contesting parties took place on 28th October, 2007, at Baroda. The parties came across each other's matrimonial advertisement in the portal "Shaadi.com" and apparently met for the first time on 9th September, 2007. It is submitted that the husband was working in a firm known as "Cross Beam", and just before the marriage, switched over his job to "Nevis Network". It is submitted that his annual income, according to his representation, in Cross Beam was of 28,000,000/-(Rupees twenty eight lakhs) and he told the wife that the annual income in Nevis Network was of 4000,000/-(Rupees forty lakh). The wife claims that the husband, and his relatives were rude and offensive in their behavior towards her from the beginning of the marriage, and narrates several instances of such misbehavior. It is also alleged that she used to be routinely taunted and taken to task for not ensuring sufficient dowry; and insinuations were leveled against her. The wife, in her petition, highlights instances where the husband is alleged to have slighted her, and perpetuated acts of verbal cruelty on her. These include threatening to leave her on a highway on a New Year's Eve, taunts and refusal to take care of her during pregnancy, unsupportive and insensitive behavior after she underwent an abortion, and insinuations of his involvement with other women, to her (the wife). She also alleges that the husband humiliated and insulted her at various places, including in her matrimonial home, at Vasant Vihar, in New Delhi. According to her, the husband even displayed violent behavior in public, and tried to throttle her. She also alleges that the Respondent made her spend money on various occasions, without prior information. She alleges acts of further cruelty, including kicking and slapping by the husband, on 15th October, 2008, which compelled her to come away to Delhi and start living with her parents from the next day onwards.

(3.) The wife alleges that she is not employed, and without a source of income. She is at present enrolled as a regular student in the University of Derby, UK, where she is pursuing her MA in Human Resource Management. It is alleged that she is unable to afford her education and has borrowed of 750,000/-from HDFC Bank, Green Park, New Delhi. It is alleged that the entire amount has been spent on enrolment, fees etc. It is submitted that her living expenses total of 2,00,000/-for six months and the cost of living, excluding cost of accommodation is about of 74,000/-per month. She is however, restricting her claim to of 50,000/-per month. It is submitted that the husband is an MBA from Queensland University, Australia, enjoys high status and is leading a lavish life style. It is submitted that his annual income is of 40,00,000/-; that he travels always by air, and stays in expensive five star hotels. It is alleged that he also owns a house in Wadala (East) Mumbai, the cost of which is more than of 1 crore. He has fixed deposits to the extent of 50 lakhs to his credit, and owns shares and securities worth more than of 35 lakhs. The wife claims that she is at present being maintained by her family, including her parents even though the husband has the responsibility of doing so.