VISHESH MATHUR Vs. NEEL KIRAN MATHUR

JUDGEMENT

(1.) This revision petition under Section 115 CPC is directed against the order of the learned Additional District Judge, Delhi dated 12th March, 2003 thereby disposing of an application under Section 24 of the Hindu Marriage Act (hereinafter referred to as the `Act') filed by the wife claiming maintenance pendente lite and litigation expenses. The application has been allowed and the husband has been directed to pay Rs.5,000.00 per month as maintenance pendente lite and Rs.4,000.00 as litigation expenses.

(2.) The petitioner Vishesh Mathur is facing a petition under Section 13(1)(ia) of the Act filed by the wife seeking dissolution of marriage between the parties on the ground of cruelty. The wife moved an application under Section 24 of the Act seeking grant of interim maintenance @ Rs.10,000.00 per month and litigation expenses of Rs.20,000.00 from the husband with the averments and allegations that she has no independent source of income and she and her daughter, (i.e. daughter of the parties) are dependent upon her parents for their maintenance and up-keep; that the husband is a man of means and has various sources of income besides having family properties at `Star Villa, Ansari Road, Darya Ganj' and his rental income from the said properties is not less than Rs.50,000.00 to 60,000/- per month. He is engaged in the computer business being run under the name and style of M/s.Key Information Technology and M/s.Kirvish Forms and his income from those businesses is not less than Rs.20,000.00 to 25,000/- per month. It is also stated that he has no liability except of his own maintenance.

(3.) The husband contested the application and filed reply disputing that the wife-applicant has no source of income and pleaded that she is an educated lady and is working with her brother Amrit Raj in his firm and is also doing astrology work besides giving tuitions and thereby earning not less than Rs.15,000.00 to 20,000/- from those sources. It is not denied by the husband that he was doing computer business under the name and style of M/s.Key Information Technology but it was sought to be explained that as the said computer business was not doing well, therefore, it was closed down since September, 2000 as someone complained to Central Vigilance Commission (CVC). He pleaded that presently he was employed with M/s.B.M.Properties Pvt.Ltd. at a salary of Rs.3,000.00 per month which was hardly sufficient for his own maintenance.