SATISH BAHL Vs. RITU BEHL

JUDGEMENT

(1.) ADMIT. Arguments were heard on the petition for final disposal on the request of counsel for the parties. This revision petition is directed against an order of Additional District Judge, Delhi dated 20/1/2000 by which he has fixed interim maintenance of the respondent wife at the rate of Rs.3,000.00 per month besides litigation expenses of Rs.5,000.00 under Section 24 of Hindu Marriage Act during the pendency of a divorce petition.

(2.) Briefly stated the facts are that the Petitioner husband had filed a petition for grant of divorce on the ground of cruelty against respondent wife under Section 13(1)(i-a) of the Hindu Marriage Act. On receipt of summons the respondent wife filed an application for grant of interim maintenance and litigation expenses. In the application she put counter blame on the petitioner. She alleged that she was treated with cruelty and was forced to leave the matrimonial home on 1/9/1997 and since then she is residing at her parental home with her minor daughter (who is impleaded as respondent no.2) She stated that she is non-working woman and had no independent source of income for her and for her child's maintenance. On the other hand, the petitioner is a man of means and he was running a partnership business in the name and style of M/s Subhash Photostat at 119 Man Sarover Building, Nehru Place, New Delhi and is earning more than Rs.10,000.00 per month. She claimed Rs.6,000.00 per month as maintenance for her and for her child and Rs.11,000.00 as litigation expenses.

(3.) Opposing the application the petitioner admitted that the respondent wife was living separately from 1/9/1997 but he vehemently denied that she was turned out by him. He also asserted that she was earning money by joining the business of her parents and as such had independent income.