BALA Vs. DHIRENDER

JUDGEMENT

(1.) PRESENT petition is directed against the order dated 6.1.2009 passed by learned Additional District Judge, East District, Delhi, on an application filed by the petitioner (wife) under Section 24 of the Hindu Marriage Act in HMA No. 286/2007 for grant of maintenance. The trial court has fixed the maintenance at Rs. 8000/ -, per month, for the wife and Rs. 5000/ -, per month, for the minor son, who is in the custody of the wife. By the present petition, the petitioner (wife) seeks enhancement of the maintenance awarded.

(2.) LEARNED Counsel for the petitioner wife submits that learned trial court while fixing the maintenance has failed to take into consideration the status of the parties; the fact that petitioner has to look after and bear all the expenses of the minor school going son; the petitioner has no source of livelihood; she is residing with her father and maintaining herself as also her eight year son; she is only dependent on the respondent husband for maintenance and support; and respondent husband has been awarded compensation for the land acquired in the sum of Rs. 60.00 lakhs. Counsel further submits that petitioner has now learnt that further compensation in the sum of Rs. 561796/ - has also been awarded in favour of the respondent. Counsel for the petitioner wife also submits that petitioner has to pay Rs. 3000/ -, per month, as school fee of her minor son, besides she has to incur various expenses for school uniform, books and for extra -curricular activities. Counsel next submits that the respondent husband is a man of means. The respondent is working as a Supervisor in M/s Avis Acqua at Faridabad and besides his salary he is earning huge interest from the amounts of compensation received by him.

(3.) LEARNED Counsel for the respondent has opposed the present petition on the ground that petitioner has little or no source of income as he is earning only Rs. 1500/ - per month. It is further submitted that the respondent has left the job in view of the fact that he has contested the elections and has been elected as a Counselor from Faridabad. Counsel also submits that respondent is residing in his ancestral house in the Village at Faridabad. Counsel next submits that the sum of Rs. 60.00 lakhs received by the respondent has been invested by him in the land, which has been purchased by him in the name of his mother.