NEELAM MALHOTRA Vs. RAJINDER MALHOTRA

JUDGEMENT

(1.) In her suit for maintenance, return of stridhan etc. against the husband-defendanat No. I and his family members, the plaintiff-wife has filed this application under sections 94 and 151 Civil Procedure Code for grant of interim maintenance and litigation expenses.

(2.) The plaintiff was married to defendant No. I in accordance with Hindu rites on 20 May 1990. Plaintiff alleges that right from the very first day of her marriage, the defendants started ill treating her as she had failed to bring in the remaining bit of dowry promised at the time of marriage; despite her best efforts, the husband refused to consumate the marriage, till a car,V.C.R., air conditioner etc. was brought by her; she was beaten up in the presence of her relatives, who tried to intervene and sort out the differences between the plaintiff and the defendants and ultimately due to continuous harassment and fear to her life, she was compelled to leave her matrimonial home on 17 August 1990, and since then she has been residing with her parents. She claims that defendant No.1, a practising chartered accountant, has net income of Rs.20,000.00 p.m. from profession apart from interest and dividend income and lucrative joint family business with monthly income of approximately Rs.40,000.00 . She further alleges that defendant No.l owns a car, a mber of telephones, flats and is having joint kitchen with other members of the family, the defendants herein, and this has not to incur any expenditure on food.

(3.) The plaintiff also claims that she is unemployed; her continued habitation in the parental home even though married, is causing immense distress and depression to her family and she wants to live separately. She needs money to hire a house and make both ends meet. The plaintiff thus claims maintenance in the suit and pendente lite @ Rs.4,500.00 per month.