RAVI PARKASH Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) The petitioner-husband Ravi Parkash applied on 21-4-1581 for divorce against his wife respondent Shakuntala Devi. On 9-9-1981 she moved two applications, one under Sec. 24 of the Hindu Marriage Act, 1955, for grant of maintenance for herself and of litigation expenses and the other under Sec. 26 for maintaining two minor children. The husband contested the applications. His case was that the wife was in possession of gold ornaments of the value of Rs. 30,000.00. She is earning Rs. 300/- p.m. as interest on her investments. She is an M.A. B.Ed. and an experienced teacher and is earning not less than Rs. 1000.00 per month from tution. She is living with her father perhaps meaning thereby that she has no expenditure. On the other hand, he was jobless since 1-9-1981 and his other income is Re. 150.00 to Re. 200.00 p.m. which is hardly sufficient for his own maintenance.

(2.) The learned trial judge after recording evidence of witnesses produced by the parties found that the wife got an employment on 18-1-1982 and it therefore, allowed maintenance as follows :

(3.) I have heard the parties. The Courts generally adopt a formula that the allowance should approximate to ⅕th of the income of the spouse or ⅓rd of the aggregate income of both the spouses. But this formula is variable and eventually a case has to be decided in accordance with its own circumstances. The Court has to see whether the demanding spouse has no independent and sufficient income to maintain herself or himself and what would be the reasonable amount of maintenance. The learned trial judge in this case noticed that neither of the parties entered the witness box. Virender Kumar (PW 1) however, deposed that the wife was employed in the New Delhi Municipal Committee with effect from 18-1.1982 as a teacher and her gross salary was Rs. 767.30. The learned judge rejected the con's tension that she was in possession of jewellery of the value of Rs. 30,000.00. At one time, there was one saving bank account and three recurring deposit accounts maintained by the wife in the State Bank of India. None of these accounts had any worth-while balances and have since then been closed. There was thus no income from these or any other investments or from any other sources before she joined service.