MANMOHAN SINGH Vs. KUSHWANT KAUR

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India against the order dated 13.12.2011 passed by the learned Additional District Judge by virtue of which the petitioner was directed to pay an interim maintenance @ Rs. 12,500/ - per month to the respondent/wife apart from payment of Rs. 11,000/ - as litigation expenses. The main contention of the learned counsel for the petitioner is that the amount of Rs. 12,500/ - which has been fixed by the learned Additional District Judge by way of an interim maintenance is on the basis of the fact that the petitioner is earning a sum of Rs. 50,000/ - per month while as there is no finding to that effect and even if it is assumed that there is a finding, that is totally based on conjecture and surmises. It has been stated that previously there was a matrimonial litigation between the parties which was got compromised by the learned Additional District Judge on 22.2.2010 and by way of the said compromise, the petitioner was directed to pay a sum of Rs. 5,000/ - per month to the respondent/wife towards maintenance, which is continued to be paid by him. In addition to this, the petitioner was also directed to provide necessary grocery items for the purpose of maintaining the kitchen. The said order was being complied with. In any case, it has been stated that grocery items would not entail expenses of almost Rs. 7,500/ - per month so as to result in payment of a total sum of Rs. 12,500/ - per month to the respondent by way of interim maintenance.

(2.) MR . J.P. Sengh, the learned senior counsel for the respondent has contested the submissions made by the learned counsel for the petitioner and has taken the court through the impugned order. It has been contended by him that the impugned order which runs into 16 pages is not only a reasoned one but is also supported by number of judgments of the Apex Court and the High Court so far as the grant of interim maintenance is concerned. In any case, it has been stated that before the present interim maintenance @Rs. 12,500/ - per month was fixed, the learned trial court had also arrived at a specific finding that the income of the petitioner was Rs. 50,000/ - per month as the petitioner has not been able to produce any evidence to show his exact income and there is bound to be some guess work or a conjecture to creep in while fixing up an interim maintenance.

(3.) THE brief background of the case is that the petitioner and the respondent got married on 20.12.1992 according to Sikh rites and customs in Delhi. The parties were blessed with a son, who is stated to be studying in U.S.A. There was also a previous matrimonial litigation between the parties initiated by the petitioner by filing a petition bearing No. 180/2009 under Section 13(1)(ia) of the Hindu Marriage Act for grant of divorce. In the said petition, the learned Additional District Judge on the application of the respondent/wife under Section 24 of Hindu Marriage Act, had fixed the maintenance @ Rs. 13,000/ - per month apart from litigation expenses of Rs. 11,000/ - vide a speaking order dated 16.1.2010. The reasons given by the court for fixing up the maintenance @ Rs. 13,000/ - per month are reproduced herein below: -