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 Section 9 of the Hindu Marriage Act (hereinafter referred to as ,,H.M.Act). In the said petition, Respondent filed an application under Section 24 of the H.M.Act. The Trial Court vide impugned order dated 25.08.2008 was pleased to award maintenance @ Rs.3,500/- to the wife and sum of Rs.1,000/- 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/- 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.) During the course of arguments, Petitioner was asked to produce his salary slip for the month of November, 2009. Despite the fact that enough opportunity has been given to the Petitioner to do the needful, he has failed to place Salary Certificate / Salary Slip for the month of November, 2009 or for any other month thereafter.