VIJAY GOEL Vs. NATASHA

JUDGEMENT

(1.) PARTIES to the petition were married according to Hindu Rites on 20.02.2007 at Delhi. After marriage number of disputes arose between them. Since they could not continue to live together, they separated and Petitioner thereafter filed a petition under Section 13(1)(ia) of Hindu Marriage Act (hereinafter referred to as "HM Act") seeking divorce against the Respondent. In the said petition, Respondent filed an application under Section 24 H.M. Act on 4.3.2009 and sought interim maintenance for herself. The said application was allowed and the Trial Court awarded maintenance @ Rs.2,500/ - per month to the Respondent wife from the date of filing of the application i.e. 4.3.2009 besides litigation expenses of Rs.7,500/ -. Aggrieved by the said order of the Trial Court, this petition has been filed.

(2.) TRIAL Court after considering the salary slip of the Petitioner and also the fact that a person who has been running a business in textiles till 30.11.2007 would become a Salesman for a meager salary of Rs.4,000/ - assessed his income at Rs.7,500/ -. Para 6 of the impugned order reads: -

(3.) TRIAL court took into consideration the factum of Petitioner having deposited Rs. 3 lacs in the criminal case registered against him on behest of the Respondent for seeking his anticipatory bail. A man of meager income of Rs.4,000/ - under the circumstances would not be financially capable of arranging Rs.3 lacs for the Respondent to ensure grant of anticipatory bail.