HEMA Vs. VINOD KUMAR

JUDGEMENT

(1.) This is a Civil Miscellaneous (Main) petition filed by the petitioner under Article 227 of the Constitution of India against the order dated 30.1.2013 passed by the learned Additional District Judge by virtue of which the learned trial court has granted maintenance of Rs. 4,000/- per month to the petitioner for her own self and for her minor child. By the present petition, the petitioner has prayed for setting aside the aforesaid order and enhancement of the ad interim maintenance to a sum of Rs. 50,000/- per month for herself and her minor child apart from litigation expenses of Rs. 31,000/-. I have heard the learned counsel for the petitioner and perused the impugned order. The respondent/husband had filed a petition being HMA No. 57/2011 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for grant of divorce on the basis of cruelty before the learned trial court. The petitioner/wife filed an application under Section 24 of the Hindu Marriage Act, 1955 claiming maintenance @ Rs. 50,000/- per month for her own self and for her minor child and litigation expenses of Rs. 31,000/-. It may be pertinent here to mention that the parties had got married on 13.11.2008 and out of the wedlock, one issue was born on 12.4.2010.

(2.) In the application filed by the petitioner/wife seeking maintenance, she had stated that the respondent/husband is a man of means and he is running the business of manufacturing and sale of chappals at three places, that is, at (1) A-722, Ground Floor, Madipur Colony, Delhi; (2) WZ-512, Madipur, Delhi and (3) an another factory at tenanted premises in Delhi. It was alleged that he had employed about 20-25 workers and was conveniently making not less than Rs. 1 lac per month. It was also alleged that the respondent had various bank accounts, ATM cards and was earning around Rs. 40,000/- per month from the aforesaid bank accounts, deposits and FDR's. In addition to this, it was also stated that he had let out third floor of the property bearing No. A-722, Madipur Colony, Delhi and was earning a rent of Rs. 3,000/- per month. On the basis of this, ad interim maintenance of Rs. 50,000/- per month and litigation expenses of Rs. 31,000/- is claimed by the petitioner.

(3.) The respondent/husband had filed reply and contested ail these facts. He had stated that he is only earning Rs. 6,000/- per month and he has to maintain his parents also. It was alleged by the respondent/husband that so far as the petitioner is concerned, she is earning Rs. 5,000/- per month and apart from this, she is also working as a beautician and mehndi applicator on freelance basis and accordingly, earning conveniently a sum of Rs. 7,000-10,000/- on each occasion. It was stated that she is earning sufficient amount of money to sustain herself and her minor child.