VIKAS HARJAI Vs. CHETNA HARJAI

JUDGEMENT

(1.) BY way of this petition, petitioner/husband has challenged impugned order dated 29.08.2011 by which the learned trial court has disposed of two applications, both under section 24 of HMA, one filed by respondent/wife against the petitioner/husband for grant of interim maintenance to her as well as for the child and other filed by the petitioner/husband against the respondent/wife for grant of interim maintenance to him.

(2.) LEARNED counsel for petitioner/husband has submitted that the respondent/wife is employed as a Scientist with the Department of Environment, Government of NCT of Delhi having net salary of Rs. 27,000/- per month. She is gainfully employed and as such is not entitled for maintenance pendente lite in the divorce petition filed by him against the respondent/wife. It is submitted that earning of respondent/wife are sufficient for her maintenance as well as that of the minor child who is 6 years of age. It is further submitted that petitioner/husband is not employed. He is unable to work due to the complaints by the respondent/wife and in these circumstances no order of interim maintenance could have been passed in favour of respondent/wife. It is further stated that rather the wife is earning sufficient amount and the interim maintenance ought to have been awarded to him.

(3.) AS regards the allegations of respondent/wife that petitioner/husband also owns a car, the learned trial court has noted that there is denial by petitioner/husband of owning a car with a particular registration number, accordingly the ld trial court has drawn the inference that he owns a car having a different registration number. The ld trial court has taken the income of husband around Rs. 60,000/- per month. The net income of respondent/wife is taken as Rs.27000/- per month. By the impugned order, interim maintenance @ Rs.2000/- per month is awarded to respondent/wife and Rs.3000/- is awarded to child.