PREETI Vs. RAVINDER

JUDGEMENT

(1.) PRESENT petition is directed against the order dated 3.10.2007 passed by learned Additional District Judge, Delhi, on an application filed by the Petitioner (wife), seeking enhancement of maintenance for herself and her minor son, who was two years of age at the time of passing the order.

(2.) LEARNED Counsel for the Petitioner wife submits that learned trial court had initially awarded a sum of Rs. 4500/ -, per month, as maintenance, to the Petitioner and her minor son on an application filed by the Petitioner under Sections 24 & 26 of the Hindu Marriage Act. The amount was later enhanced to Rs. 7000/ -, per month, which amount is also stated to be insufficient. Counsel further submits that learned trial court has failed to take into consideration the status of the parties; the fact that Petitioner is a housewife; has a minor school going son; she has no source of livelihood; and she is only dependent on the Respondent (husband) for maintenance and support. Counsel also submits that the amount awarded by the trial court is extremely unreasonable in view of the fact that Petitioner has to pay for the school fee, bus fee, uniform, transport and for extra -curricular activities besides other day -to -day expenses of the minor five years old son. Counsel next submits that trial court has completely lost track of the fact that Petitioner is entitled to enjoy the same standard of living as she was enjoying in her matrimonial home.

(3.) THAT besides the savings of Rs. 1.00 lakh, the Petitioner has admitted that he pays LIC premium of Rs. 76,728/ -, annually; owns three motor cycles; and is also the owner of a land measuring 1800 sq. yds. situated at Rohtak. Further, it is submitted by the counsel for the Petitioner that a perusal of the affidavit would also show that the Respondent had taken a loan in the sum of Rs. 14.00 lakhs from ICICI Bank and Rs. 2.00 lakhs from Bank of Maharashtra. Counsel submits that the stand taken by the Respondent that he earns only Rs. 4000/ -, per month, cannot be believed as it cannot be expected that any bank would grant loan to the tune of Rs. 14.00 lakhs and Rs. 2.00 lakhs, respectively to a person, who earns only Rs. 4000/ -, per month.