SUNEET AHUJA Vs. KOMAL AHUJA

JUDGEMENT

(1.) The present appeal is directed against the order of the Family Court in HMA No.58/2012 whereby the respondent's (wife's) application for maintenance under Section 24 under the Hindu Marriage Act was allowed.

(2.) The facts of the appellant's case are that the appellant and the respondent got married on 2.1.2001. The appellant i.e. husband is working as a Naval Officer. The wife claimed that she was harassed and eventually thrown out of the matrimonial home in November, 2010. The husband preferred divorce proceedings on the ground of cruelty under Section 13(1) (ia) under the Hindu Marriage Act, 1955. During the pendency of those proceedings, the wife moved an application for maintenance pendente lite which was eventually disposed off by the impugned order. The Family Court directed the husband to pay Rs.10,000/- per month to the wife in addition to the amount which was being received by her from the Naval Authorities which the Court concluded was Rs.29,762/-.

(3.) Learned counsel urges that a reading of the impugned order would disclose that apart from the necessary facts, the Court also overlooked the circumstances that the respondent's (wife's) income was not forthcoming in her affidavit and she did not disclose the amount received by her during the course of her employment. It is stated that the respondent is a trained teacher holding B.Ed qualification. Counsel highlighted the fact that even the Trial Court was sceptical of the wife's contention that she was not in receipt of any income, stating that such an assertion was unbelievable.