SHRI ANIL GOYAL Vs. SMT. ANUPAMA GOYAL

JUDGEMENT

(1.) PRESENT petition is directed against the order dated 23.3.2009 passed by learned Additional District Judge II, Central, Delhi, on an application filed by the respondent (wife) under Section 24 of the Hindu Marriage Act in HMA No. 191/2008 for grant of maintenance. By the impugned Order the trial court has directed the petitioner husband to pay maintenance to the respondent wife @ Rs. 10000/ - and to the minor child @ Rs. 7000/ -. Aggrieved by the aforesaid order the present petition has been filed.

(2.) LEARNED Counsel for the petitioner submits that learned trial court has acceded its jurisdiction and failed to take into consideration that petitioner husband was only running a computer centre and barely earns Rs. 92000/ - (Approx.), per annum. Counsel further submits that the impugned order by which the interim maintenance @ Rs. 10000/ -, per month, to the wife and Rs. 7000/ -, per month, to the minor child was awarded, is in excess and punitive in nature. Counsel also submits that trial court has wrongly considered that the educational institutions are being run by the father of the petitioner, however, they are charitable institutions, which are being run by a society. Counsel next submits that petitioner is not in a position to pay the amount of maintenance. Even otherwise marriage between the parties was solemnized in a simple manner in a Temple.

(3.) IT is contended by counsel for the respondent that prior to the marriage of the petitioner the father of the petitioner had written a letter to the father of the respondent, a copy of which has been filed on record, which reads as under: