S S BINDRA Vs. TARVINDER KAUR

JUDGEMENT

(1.) In divorce proceedings initiated by the Revisionist (Husband), the Respondent Wife had filed an application under Section 24 of the Hindu Marriage Act for the grant of maintenance for herself and for her two minor children. By the impugned Order dated 31.1.2003, the Addl.District Judge has come to the conclusion that the Husband's statement of his salary being Rs.29,000/- per month does not inspire confidence. The Addl.District Judge has kept in mind the Husbands own statement that he was spending a sum of Rs.45,000/- per month on himself. It is the finding of the Trial Court that the Husband was drawing a sum of Rs.1,30,000/- per month as salary. In order to enable the Wife and Children to live in the same status in which the Husband was living, the Trial Court has ordered the Husband to pay a sum of Rs.75,000/- per month to the Respondent together with Rs.1 Lakh towards litigation expenses. The Order has been assailed in the present Revision Petition.

(2.) A detailed hearing took place on February 28, 2003 on which date S.N.Kapoor, J passed the following Order:

(3.) The Order was assailed, without success, before the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No.5668/2003. The Petition was dismissed as withdrawn on the statement of learned counsel for the Petitioner/Husband that certain points urged before the High Court were not considered and that the High Court would be approached. Mr.Sharma has placed reliance on the observations of the Apex Court in Union of India and another Versus Sher Singh and others, (1997) 3 SCC 555 to the effect that the dismissal of a Special Leave Petition without a speaking order does not constitute res judicata. The question before the Court is altogether different in that while the rigours of res judicata cannot be applied, the declining of leave by the Hon'ble Supreme Court would always remain of relevance. It is also indicative of the Petitioner's understanding that the order directing payment of maintenance at the rate of 60% with effect from 1.3.2003 had attained finality.