YOGENDER SINGH GAHLOT Vs. SUMAN GAHLOT

JUDGEMENT

(1.) Parties to the petition were married according to Hindu Rites and Customs on 27.11.1995. Two children were born out of the wedlock of the parties. Parties started living separately because of disputes and differences. Since third week of May 2007 the children are in the custody of their mother.

(2.) Petitioner has filed a petition for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act (hereinafter referred to as 'H.M. Act'). In the said petition, Respondent filed an application under Sec. 24 of the H.M. Act. The Trial Court vide impugned order dated 25.08.2008 was pleased to award maintenance @ Rs. 3,500.00 to the wife and sum of Rs. 1,000.00 per month to each of the children for their household expenses from the date of the filing of the application till the disposal of the case. This order was passed keeping in consideration the fact that Petitioner is paying school fee of both the children and also the rent of Rs. 3,200.00 per month for the premises which he has taken on lease for his residence and for the residence of his wife and children, wherein Respondent and the children are still residing. Aggrieved by the said order of the trial Court, petitioner has filed this petition.

(3.) It was submitted by the petitioner that the Trial Court has fixed maintenance on the higher side and failed to appreciate that he is bearing the educational expenses of the children and also that he is paying rent for the premises in which Respondent and children are residing. He is working as a Junior Warrant Officer in Air Force and posted at Jorhat, Assam. He gets only a sum of Rs. 25,000.00 per month and his cash-in-hand salary is only about Rs. 12,607/- after compulsory deductions of Rs. 1898.00 towards P.A. and income tax. He is also paying Rs. 3,784.00 for repayment of the loan amount. According to him, Respondent is self employed and is running a beauty parlour and earning about Rs. 15,000.00 per month. Petitioner, therefore, is ready and willing to pay maintenance for the children only, besides their educational expenses which he is already incurring.