VIJAY MALTI Vs. RAJIV VIG

JUDGEMENT

(1.) The application C.M.No.16660/2005 has been filed under Section 24 and 25 of the Hindu Marriage Act, by the wife (hereafter referred to as the Appellant) claiming maintenance pendente lite, and litigation expenses from the husband (hereafter referred to as the Respondent) for herself as well as her daughter during the pendency of the matrimonial appeal, F.A.O.No.176/1994.

(2.) The facts necessary to decide the present application are that the parties were married on 5.12.1981 at Delhi and two children; both daughters, were born out of the wedlock. The parties are living separately since 1986. The husband had filed a petition for divorce on the grounds of cruelty and desertion of the wife; the proceeding was decreed in his favour on 28.05.1994. The appeal preferred by the wife is pending on the file of this court. The elder daughter- who is now married- was earlier residing with the Respondent and the younger daughter, Neha who is pursuing her Chartered Accountancy (C.A) course and who is of marriageable age is residing with the Appellant.

(3.) The appellant alleges that the Respondent has neglected and deserted her and her younger daughter; he has refused to maintain them, in spite of the fact that he is engaged in his own business relating to the supply of inverters and generators and is earning handsomely every month. The Respondent is allegedly residing in a property of about 300 sq.yards situated at BFH-134, Shalimar Bagh, Delhi which is equipped with all modern and luxurious facilities and amenities, he has a plush office at AD-128, Shalimar Bagh, Ring Road, Delhi- 110088 and also maintains five telephone lines. The Appellant also alleges that the Respondent is earning a sum of about 5 lakhs every month; the elder daughter's wedding was conducted by him with great pomp and show. A sum of Rs.20 lakhs was spent for the event and the Respondent has even gifted the couple a swanky car