SUSHILA DEVI Vs. JOGINDER KUMAR

JUDGEMENT

(1.) IMPUGNED in this petition is the order of the Trial Court dated 8th August 2008, whereby while allowing application of the petitioner (respondent in the main petition) filed under Section 24 of the Hindu Marriage Act (hereinafter referred to as the Act), it awarded her maintenance @ Rs.3,000.00 per month, besides litigation expenses of Rs.5,100.00. Being dissatisfied by the said order, she has filed this petition.

(2.) MR.K. Sunil, counsel appearing on behalf of the petitioner has submitted that the court awarded meagre amount of maintenance without considering income of the respondent (petitioner in the main petition) in the correct perspective as he is a man of means and therefore, she should have been awarded maintenance as claimed by her i.e. at least Rs.8,000.00 to Rs.10,000.00 per month. He further submitted that respondent-husband owns agricultural land measuring 12 Bighas and 17 Biswas in village Nizampur, Delhi and the total annual income of the parents of the petitioner is about Rs.8,60,000.00. Besides, he owns two residential houses in the name of his father in old Lal Dora Mundaka, in which there is a godown and a factory and he has income from the said business.

(3.) DISBELIEVING the respondent that he was unemployed, Court awarded maintenance of Rs.3,000.00 per month to the petitioner keeping in view the financial status of both the parties. In Smt. Jasbir Kaur Sehgal Vs. District Judge, Dehradun and Ors., it was observed that no set formula can be laid for fixing the amount of maintenance. It has, in very nature of things, to depend on the facts and circumstances of each case. While fixing the maintenance, Court has to consider the status of the parties, their respective needs, capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and those he is obliged under the law and statutory but not voluntary payments or deductions. While awarding maintenance, Court also has to consider that amount fixed for the wife is such that she can have reasonable comfort in her life considering her status and living style which she maintained while living with her husband.