KRISHI MOHAN BAREJA Vs. VIJAY

JUDGEMENT

(1.) The parties to this revision petition were married on 11th Oct. 1980. The petitioner Krishi Mohan Bareja was at the time of the marriage a widower and the wife Smt. Vijay a virgin. The petitioner has two children from his first marriage. It seems the marriage ran into rough weather just after a few months of the marriage and the parties separated in 1982.

(2.) In Nov., 1982 the wife filed a petition under section 12 (1) (c) for declaring the marriage a nullity and under section 13 of the Hindu Marriage Act for a decree of divorce. The wife also filed an application for grant of maintenance pendente lite and for litigation expenses. The wife claimed Rs 8,000 per month by way of maintenance and Rs. 5,000 as litigation expenses. The wife alleged in the application that the husband has four concerns known as (I) M/s. Bareja Pumps Pvt. Ltd., (2) M/s. Bareja Engineering Industries Pvt. Ltd , (3) M/s. Bareja Knipping Fasteners Pvt. Ltd., and (4) M/s. Bareja International Pvt Ltd., besides two factories situated in district Gurgaon, Haryana, and one at Calcutta. She further alleged that the respondent owns an imported car and he has a big house at Safdarjung Enclave, New Delhi. The wife alleged that the husband has an income of more than Rs. 15,000 per month and claimed Rs. 5,000 as litigation expenses and Rs. 8,000 as maintenance.

(3.) The husband controverted the allegations made in the application. The husband pleaded that M/s. Bareja Knipping Fasteners Pvt. Ltd. is running in losses and that he had given a personal guarantee in the amount of Rs. 55 lacs for the loans raised from the Government financial institutions. The husband stated that Bareja Knipping Fasteners is in the process of being wound up and that he and his father and brother have to meet the liability of the loans raised from the Government financial institutions. The husband further pleaded that Bareja International Pvt. Ltd. had incurred a loss of over Rs 1.75 lacs in the previous year and that there is no income from the said company. As regards Bareja Engineering Industries, the husband pleaded that according to the financial year closing on 30th Sept. 1982 the company had suffered a loss of Rs. 3 lacs. The husband stated that he has only income of Rs 2,000 per month from M/s. Bareja Pumps Pvt. Ltd. The husband in para 5 of the reply showed a total income of Rs. 31,590.30 and after statutory and other deductions showed a net income of Rs. 19, 161.25. The husband further stated that he has a daughter aged 7 years and a son aged 31/2 years from the first marriage and he is spending about Rs. 600 per month on their education, maintenance of Aya, etc.