LT CDR JAGMOHAN VERMA Vs. SUNITA VERMA

JUDGEMENT

(1.) -This Civil Revision under section 115 of the Code of Civil Procedure challenges the judgment and order dated 15th May, 1982 of the Additional District Judge Delhi directing the petitioner to pay a sum of Rs. 700.00 as litigation expenses and Rs. 400.00 per month as pendentelite maintenance with effect from 16th March, 1982 to the respondent.

(2.) Smt.Sunita Jagmohan Verma, the respondent on 20th February, 1982 filed a petition under section 9 of the Hindu Marriage Act, 1955 (hereinafter called 'the Act') against the petitioner. She alleges that a marriage was solemnised between the parties on 19th March, 1978 at Pune. She filed her affidavit dated 20th February, 1982 in support of the said marriage. She further pleads that both the parties on 22nd March, 1978 left for Kashmir for haney-moon, cohabited and consummated the marriage, that after return they lived together and cohabited at Bombay for some time and after exhausting his leave the petitioner returned to Cochin where he was posted, that she used to visit her husband off and on in Cochin, where they cohabited and lived together, that the petitioner was transferred to Bombay in May 1979 where they lived upto the end of July 1981, that during this period upto the end of July 1981, that during this period she conceived twice from him in December 1978 and June 1980 and both these pregnancies wkere terminated as desired by the petitioner, that he was transferred to Delhi in August 1981 in Naval Headquarters, New Delhi and started living with his father at 221, Laxmi Bai Nager, New Delhi, that he had been telling her that they would take another house on rent and then both would live together, that the petitioner neither rented any house nor took her to his father's house because he had not disclosed the marriage to his father, that he withdrew from her society without any reasonable cause. The respondent on 16th March, 1982 filed an application under section 24 the Act claiming maintenance at Rs. 800.00 per month and litigation expenses amounting to Rs. 3000.00 alleging that she was not possessed of any moveable or immoveable property and that she had no source of income sufficient for her support and expenses for legal proceedings, that the petitioner was a high ranking officer in the Indian Navy getting salary of Rs. 2600.00 per month.

(3.) The petitioner in his written-statement and reply to the application for maintenance denied the factum of marriage but admitted that he came in contact with the respondent in November 1976, that they were on friendly terms but there was no marriage. He deined that the marriage was performed between the parties on 19th March, 1978 at Punc. He pleads that she is a rich lady possessing lot of immoveable property at Punc. It has been denied that the respondent has no income for support and expenses of the proceedings. The trial Court held that prima facie marriage was solemnised between the parties on 19th March, 1978, that the respondent had no independent income to support her and to meet the expenses of the proceedings.