SUNIL JAIN Vs. SUMAN JAIN

JUDGEMENT

(1.) THE appellant has preferred the present appeal under Section 19 of the Family Courts Act, 1984, to assail the order dated 23.5.2012 passed by Shri Kamlesh Kumar, Addl. Principal Judge, Family Court, Rohini, Delhi, in HMA No. 700/2011 titled "Shri Sunil Jain Vs. Smt. Suman Jain" whereby he has disposed of the respondent's application under Section 24 of the Hindu Marriage Act, 1955 for grant of maintenance pendente lite.

(2.) THE parties were married on 24.6.2010 at Delhi. The case of the respondent was that she was staying in her parental house; she was a house wife and had no source of income and was dependent on her parents for her day-to-day needs. She also claimed that the appellant was running a flourishing business in the name and style of M/s Rishab Electricals at Trinagar and had an income of Rs. 2 lacs per month; she claimed that the appellant owns a factory which makes armature and copper wire and has an income of Rs. 2.5 lacs there from; she also claimed that the appellant owns a three storeyed house and had income of Rs. 10,000.00 from his agency with the Life Insurance Corporation; she claimed that the appellant was leading a luxurious life with no other liability. She claimed maintenance of Rs. 50,000.00 per month and a further sum of Rs. 1,00,000.00 towards litigation expenses.

(3.) ,000.00 to Rs. 5,000.00 per month as commission from the LIC. He also claimed to hold three LIC policies, paying Rs. 66,555.00 per annum towards premium. He claimed to be living in a rented accommodation having rent of Rs. 2,750.00 excluding electricity and water charges. He claimed to be indebted to the tune of Rs. 3 lacs. 4. The learned Additional Principal Judge has granted maintenance to the respondent at the rate of Rs. 13,700.00 per month from the date of the application apart from granting Rs. 8,800.00 towards litigation expenses by assessing the income of the appellant at Rs. 41,100.00 per month. In doing so, the learned Additional Principal Judge has tested the appellant's case that he had monthly income of Rs. 10,500-11,500.00 out of which he pays insurance premium to the tune of Rs. 5,550.00 per month approximately and also pays for his residential accommodation at Rs. 2,750.00 per month. This does not include electricity and water charges which he has failed to disclose. Therefore, he pays a sum of Rs. 8,300.00 per month, towards LIC premium and rent leaving a balance of about Rs. 2200-2700.00 per month to meet all his expenses including water and electricity charges.