SHOBHANA SRIVASTAVA Vs. MANOJ MENON

JUDGEMENT

(1.) Cm No.31635/2016 (recalling of order dated May 12, 2016)

(2.) The appellant/wife filed an application under Section 24 of Hindu Marriage Act, 1955 seeking interim maintenance @ Rs. 80,000/- per month plus Rs. 55,000/- towards litigation expenses alleging the following facts regarding status and financial capacity of the respondent/husband:-

(3.) The learned Judge, Family Court after calculating the details of the expenses incurred by the respondent/husband every month and recording his plea that because of the complaints made by the appellant/wife in his office, he was made to quit the job and unable to get another job, observed that the respondent/husband was not coming out with the true facts. The reason given by the learned Judge, Family Court is that a person who is earning Rs. 13,000/- per month (Rs. 9000/- per month as rental income plus Rs. 4000/- per month as income from interest on bank deposits) would not be able to spend Rs. 50,000 to Rs. 60,000/- per month without any additional income. Thus, the learned Judge, Family formed an opinion that respondent/husband has some undisclosed source of income and that he must be working somewhere and drawing a salary which was his last drawn salary i.e. Rs. 93,000/- per month.