SATISH KUMAR BARGUJAR Vs. SUMAN CHAUHAN

JUDGEMENT

(1.) This is an appeal under Section 28 of the Hindu Marriage Act; it is directed against the order of the learned additional Judge, in H.M.A. No.06/05, dated 12-12-2005 disposing off the respondent-wife's (hereafter "the wife") application under Section 24 for maintenance. Proceedings for divorce, on the ground of desertion were initiated by the appellant against the respondent; they are pending adjudication. Brief facts

(2.) The appellant and the respondent were married on 7-11-2000; they apparently lived together till 21 June, 2003. The wife in her application under Section 24, alleged that she was deserted by the Appellant (hereafter "the husband") when she was in the family way, in an ailing condition and since then she was living with her parents. Her father had been maintaining her and her minor son. It was alleged that the husband had not made any provision for maintaining his wife and son; as a consequence she took up employment as a Class IV employee in the District and Session's Court Delhi. It was alleged by the wife that she earns a meager salary which is insufficient to maintain herself and the minor son.

(3.) The husband is working as a Upper Division Clerk ("UDC") in the Central Excise and Gold Contract Tribunal, New Delhi and, according to the wife, he earns more than the wife. The husband's father is a retired pensioner, a former member of the Delhi Police and he is not dependant on him, in financial terms.