POOJA Vs. LEELADHAR

JUDGEMENT

(1.) PRESENT is an application under Section 24 of Hindu Marriage Act (hereinafter referred to as the Act) filed by appellant/wife for grant of maintenance pendente lite and litigation expenses in the present appeal wherein the appellant/wife has challenged the decree of divorce dated 25.02.2011 wherein the petition of respondent/husband is allowed and the marriage between the parties has been dissolved on the ground of cruelty.

(2.) THE appellant-wife has alleged that the respondent-husband is doing the business of telecommunications/selling mobile accessories and providing new telephone connections and is also doing repair of mobile phones, radio sets and stereos etc. He is also running a STD booth and 2-3 employees have been employed by him and his brother and has an income of Rs.30,000- 40,000 per month. He has no liability except to maintain the appellant/wife. It is stated that the respondent-husband is also having ancestral agricultural land wherein the crops are being grown and the income from the said produce is above Rs. 6 lakhs per annum. He is living in his own house bearing no. 422, Pana Dhaniwara, Bhawana, Delhi in a joint family and has got family income and the total income of the family is Rs.1 lakh per month. It is alleged that the appellant-wife is a graduate but she has not got any job. She has got no source of income. She had received Rs. 1 lakh in the court as earlier the parties had arrived at a settlement wherein the respondent had agreed to pay Rs.6.25 lakhs to her. THE balance amount was not paid due to which matter was not settled.

(3.) THE appellant-wife has filed rejoinder denying the allegations about her income. She has categorically stated that she has no source of income and is unemployed.