GURPREET SINGH Vs. DIMPLE

JUDGEMENT

(1.) Parties to the petition were married on 27th February, 2005. A female child was born from the wedlock of the parties on 10th December, 2005. Various disputes and differences arose between the parties, which resulted into filing of a divorce petition CM(M) No.67/2010 Page 1 of 6 by the petitioner/husband under Section 13(1) (ia) & (ib) of the Hindu Marriage Act (hereinafter referred to as the HM Act). In the said petition, respondent filed an application under Section 24 of HM Act seeking maintenance for herself as well as for the minor daughter, who since after separation of parties is in custody of the respondent. While allowing application of the respondent, Trial Court in its order dated 16th April 2009, observed:-

(2.) Learned counsel for petitioner has submitted that monthly salary of the petitioner is Rs. 5,500/-. The quantum of maintenance awarded by the court comes to Rs. 3,500/- per month, which is on higher side as petitioner is not capable of paying the CM(M) No.67/2010 Page 2 of 6 maintenance as awarded. It is further submitted that petitioner had deposited a sum of Rs. 3.75 lacs in the form of an FDR in criminal case, which was registered against the petitioner on the complaint of the respondent and respondent is having interest income of about Rs. 2,700/- per month. Interest income received by the respondent is to be adjusted towards maintenance awarded by Trial Court and liability of the petitioner remains for the balance amount of Rs. 700 to Rs. 800, which the Trial Court failed to consider.

(3.) Learned counsel for the respondent countered these submissions stating that amount of Rs. 3.75 lacs was deposited by the petitioner against dowry articles/jewellery at the time of bail in the criminal case registered against him and said deposit was without prejudice to rights of both the parties. Therefore, according to him, petitioner is not entitled to adjust interest income from said deposit towards maintenance awarded by Trial Court to respondent as well as to the child.