SONAL GUPTA Vs. VINAYAK GUPTA

JUDGEMENT

(1.) By way of this petition, petitioner-wife has challenged the order dated 17th July, 2009 passed by the learned ADJ, Delhi in HMA 311/2007 whereby the application of the petitioner-wife under section 24 of the Hindu Marriage Act (hereinafter referred to as 'the Act') has been disposed of and a sum of Rs. 6300/- per month has been awarded to her as maintenance pendent lite. Petitioner-wife has moved an application under section 24 of the Act in a divorce petition filed by respondent-husband against her u/s 13(1)(ia) of the Act seeking divorce on the ground of cruelty. In the said application, petitioner-wife has alleged that respondent-husband is earning Rs. 2 lacs per month and apart from salary, respondent-husband has income from various sources like shares, dividends, interest from savings etc. Petitioner-wife has further alleged that respondent-husband has various FDRs in his name and he owns various movable and immovable properties including a flat at Dwarka and also has a share in the joint family property at Kamla Nagar, Delhi. It is further alleged that respondent-husband owns a Ford Ikon car and is also having a good job in Merchant Navy. It is further alleged that his father is a Doctor and mother is having a boutique at Kamla Nagar. By way of the application, she has claimed an amount of Rs. 35000/- per month as maintenance pendente lite.

(2.) Respondent-husband has filed reply by contending therein that he used to pay a sum of Rs. 6300/- per month to the petitioner-wife which she had refused to accept after receiving the notice of divorce petition. Respondent-husband has denied that he ever earned a sum of Rs. 2 lacs per month, as is alleged. He has alleged that he had drawn his last salary in the month of March, 2006 and thereafter, he has not resumed his job on account of problems created by petitioner-wife. Respondent-husband has further stated in his reply that he was jobless since March, 2006 and he is dependent upon his parents. He has denied having income from shares, dividend, interest on savings etc. He has also denied that he owns any car and stated that it was in the name of his mother. However, he had admitted that his father is a Doctor and mother runs a small boutique at Kamla Nagar. He has resigned from his job in Merchant Navy in 8th March, 2006. Respondent-husband has also alleged that petitioner-wife has been working as a teacher in her own Family School at Darya Ganj and she draws a handsome salary. As per respondent-husband, she is not entitled for maintenance.

(3.) After considering the submissions of the parties and considering the material on record, the learned Addl. District Judge has held that in her application, petitioner-wife has not stated anything about her source of income, however, during the course of proceedings, on being directed, she filed an affidavit dated 23rd April, 2009 wherein she has stated that she has an income of Rs. 40,000/- per annum by way of dividends from mutual funds, bank interests etc.