SHAKTI PERSHAD Vs. RATNA PERSHAD

JUDGEMENT

(1.) In this civil revision petition filed under Section 115 of the CPC the petitioner Shakti Pershad, who is husband, has assailed the order of an Additional District Judge dated 25.2.2001 whereby he has dismissed the application filed by the petitioner under Section 24 of the Act but has allowed a similar application under Section24 filed by the respondent wife Ms. Ratna Pershad fixing her pendents lite maintenance at Rs. 12,000/- per month besides awarding Rs. 10,000/-- as expenses of the proceedings in a divorce proceedings instituted by the respondent wife.

(2.) Briefly stated the facts are that Ms.Ratna, respondent, has filed a petition for a decree of divorce against the petitioner Shakti Pershad on the ground of cruelty under Clause (ia) of Section 13(1) of the Hindu Marriage Act (the Act). She also filed an application for grant of her pendente lite maintenance and an amount for meeting expenses of the proceeding. In the application she alleged that she does not own any movable or immovable property and has no independent income to support her. She is financially dependent upon her parents. Her jewellery was disposed of from time to time for meeting necessary expenses at the behest of the petitioner husband. The petitioner husband belonged to one of the Delhi's richest families and was living an affluent life-style. He was member of several clubs but he had no money for the respondent wife, who was a mere housewife. She had to sell her jewellery to meet expenses on her bread and butter and expenses of her son. Both she and the petitioner were divorcees. She had a daughter from her first marriage who was living with her while the petitioner had two daughters from his first marriage but both of them were living with their mother. After the marriage with the petitioner she had given birth to a son in 1984 who was living with her and she had to bear expenses of his education also. The son is at present studying in 10th class in Vasant Valley School and both she and the son are dependent upon his father. The petitioner was born in a wealthy family. He had a house in a posh Friends Colony East and he was a member of Gymkhana Club, Noida Golf Club and some other clubs. He owns ancestral property in Chandni Chowk, Delhi. Some of these properties have been sold by him and he had received huge amount, as sale consideration which is in his personal knowledge and he should be directed to disclose it. He owns a two storeyed palatial house built over an area of 1800 square feet bearing No. 45, Friends Colony East. His mother sold an annexe building built on 800 square yards of land for a consideration of over a crore. A part of the land in Friends Colony was also sold to Unitech Builders for building flats and the petitioner has received his share from the huge consideration. She alleged that she was spending about Rs. 2,80,000/- on the maintenance and schooling of her son which is roughly about Rs. 27,000/- per month. This sum is being borrowed by her from her father. She has to repay about Rs. 1.5 lakhs for the maintenance of her son since he was abandoned by the respondent on 23.3.1999. She is not maintaining good health. Her medical expenses, food and boarding will amount to at least Rs. 25,000/- monthly on a modest estimate. She tires easily and has to employ at least 2 female servants to nurse and look after her. The petitioner had forced her into litigation and she needed minimum Rs. 50,000/- in the first instance to meet in and out of pocket expenses and charges. The Court should direct the petitioner to pay Rs. 25,000/- per month for meeting the rent of the house for her in Delhi as a temporary measure since her father would then be able to returnback to Hyderabad and carry on his consultancy business there as before. She claimed that she had been paid Rs. 60,000/- for her and her son's maintenance and besides the petitioner should also be directed to pay Rs. 25,000/- per month as rent of the premises to be taken by her for her and her son's residence. She also claimed Rs. 50,000/- as expenses of the proceedings. Further more she wanted Rs. 1.5 lakhs to be given by the petitioner to enable her to return to her father who had incurred the expenses on her and her son since they started living separately from the petitioner.

(3.) In the application which the petitioner Shakti Pershad filed it was alleged that after the marriage he had been giving all his attention to the respondent and was spending huge sums of money on her maintenance and treatment. He had provided best medical assistance to her. The respondent wife is a woman of substantial means and has a regular source of income. She is driving a Honda City car, has credit cards, she is maintaining a cellphone and she is living a luxurious and expensive life for which she is not dependent on anybody. The son of the parties is staying with the petitioner and the respondent wife should be directed to pay the expenses to him which she was claiming in her application for the upkeep and the education of the son to him. The petitioner was an old man of 55 years and he is unable now to start a new business to sustain himself and his son. He has only one property which he inherited from his father. It is built on 330 square yards of land in New Friends Colony East. The said property is mortgaged against a loan which was taken by him from Bank of Punjab. The bank has obtained an order of injunction against the alienation of the said house against him in the recovery proceeding before the Debt Recovery Tribunal. He himself and his son are both financially dependent upon his mother who had inherited some wealth from his father. He himself does not have any income since 1998. The industrial unit set up was closed down because of financial losses. Its machinery was hypothecated in favour of the bank. No money has been paid to the bank against the outstanding loan. Over the years his wealth has depleted, consequently, he is totally dependent on his mother. He does not own any car or vehicle. He does not pay any tax He did not file income tax return. He had been borrowing money from his friends and relatives. He became member of Gymkhana Club 30 years back and now he owned a sum of Rs. 6,000/- to the club which he is not able to pay. Similarly, he was indebted to Noida Golf Club and has stopped going to clubs. His residence telephone has also been closed due to non payment of the telephone bill and the outgoing calls have been stopped. He is not in a position to pay the legal expenses. His mother has taken upon herself to bear the educational expenses of his son. His monthly expenditure for running the household which included himself and his son was Rs. 12,000/-. The monthly , tuition fees of the son was Rs. 3,000/-. His son also needed Rs. 2,500/- per month which includes his private tuition, pocket money, medical expenses, school uniform, stationary books, entertainment and other like expenses. Because of his financial incapability he is forced to borrow this money from his mother and friends. He has to return the money. It is also difficult for him to pursue the legal proceedings. Since the respondent wife is better off, therefore, he has prayed that she should be directed to pay Rs. 12,000/- per month as pendente lite maintenance for running the household and Rs. 5,500/- per month as interim maintenance for meeting the expenses of his son etc.