GURBHEJ SINGH Vs. PREETI KAUR

JUDGEMENT

(1.) Under challenge in this petition is the order of the Additional District Judge dated 23.03.2009, whereby on an application of Respondent wife filed under Section 24 of the Hindu Marriage Act (hereinafter referred to as "Act"), he assessed income of Petitioner husband at Rs.50,000/- per month and awarded maintenance @ Rs.15,000/- per month to the Respondent and also directed the Petitioner to pay Rs.8,000/- as litigation expenses.

(2.) Mr. O.P. Wadhwa, counsel for the Petitioner has submitted that the Trial Court failed to appreciate that Petitioner belongs to a lower middle class family and earns his livelihood as a fortune teller and by selling glass bangles, Rashi Nag, etc. and lives in a joint family and that he has been visiting abroad with his father and brother on a tourist visa and not for any business purpose. He suffered serious injuries and is not capable of earning anything because of his inability to walk properly. He further submitted that Respondent is running her own boutique at her residence and is earning about Rs.15,000/- per month. He denied that Petitioner is engaged in the whole sale business of selling precious stones, gems etc. His submissions have been refuted by Mr. Neeraj Chaudhary, counsel for the Respondent.

(3.) Petitioner had placed on record his income tax return for the assessment year of 2007-2008, before the Trial Court, according to which his annual income is shown at Rs.1,12,600/- and it is under the Head "Salaries from Rashmi Gems & Stone, Profits and Gains from Business and profession, commission for sale of precious stone".