YASH KHANNA Vs. BHAWNA @ BHAWNA KHANNA

JUDGEMENT

(1.) PARTIES to the petition were known to each other, from before and they got married on 20th February, 2008 in Arya Samaj Mandir according to Hindu Rites. Petitioner claims that he was given a drink by the respondent and after having the same he lost his senses and it was in that condition that the alleged marriage took place. Criminal litigation is also going on inter se the parties.

(2.) RESPONDENT filed a petition under Section 9 of the Hindu Marriage Act (hereinafter referred to as 'the Act') against the petitioner seeking restitution of conjugal rights. In the said petition, she moved an application under Section 24 of the Act. Trial Court assessed income of the petitioner as not less than Rs. 30,000/ - per month and vide its order dated 13th August 2009, awarded maintenance at the rate of Rs. 10,000/ - per month to the respondent, besides Rs. 8,000/ - as litigation expenses.

(3.) MR . Sameer Chandra, counsel appearing on behalf of the petitioner has argued that petitioner is a commission agent and is earning about Rs. 5,000/ - per month and therefore, maintenance awarded by the Trial Court is on much higher side as it is beyond the earning capacity of the petitioner.