SUDERSHAN MALIK Vs. SHIV KUMAR MALIK

JUDGEMENT

(1.) The petitioner-wife is alleged to have been deserted by the respondent-husband on 1st May, 1989. The present petition has been filed by the petitioner under Section 18 of the Hindu Adoption and Maintenance Act 1956 for grant of maintenance. The petition has been filed as an indigent person. As per the allegations made in the petition, the respondent is an official of Punjab and Sind Bank since 1976 and is drawing a salary of about Rs. 6,000.00 - p.m.; that he is also one-half owner of the bungalow being No.B-1/4, Vasant Vihar, New Delhi which has been let out to US Aid at a rent of Rs. 40,000.00 p.m. It is also stated that some other properties have also been inherited by the respondent after the death of his father jointly with his sister. On these allegations, the petitioner states that on a conservative estimate the income of the respondent is about Rs.64,560.00 p.m. and there is no person except the petitioner who is dependent upon him. It is stated that the respondent is duty bound to maintain the petitioner, as she is his legally wedded wife and the petitioner in the present petition has claimed maintenance of Rs. 20,0007.00 p.m. from the respondent.

(2.) Along with the petition, an application for interim maintenance has also been made almost on the same allegations and it is prayed that till the decision of the main petition, the respondent be directed to pay at least a sum of Rs. 15,000.00 p.m. by way of interim maintenance.

(3.) Written statement has been filed by the respondent and it is alleged that the lists of properties filed by the petitioner are wholly false and the petitioner has also not disclosed the valuable properties which are owned by her and according to the respondent, therefore, the petitioner is not entitled to any maintenance. It is alleged that the petitioner is the owner of one SFS flat being No. 152, MB Road, New Delhi of the value of approximately Rs. 16,00,000/- and as per his information the flat has been disposed of fraudulently by the petitioner. It is also alleged that the petitioner is self-employed and is capable of earning being an educated lady and she is working as a beautician earning about Rs. 3,000.00 p.m. It is also stated that petitioner is getting a regular monthly maintenance at the rate of Rs. 500.00 - p.m. in proceedings under Section 125 of the Code of Criminal Procedure and she was also getting maintenance at the rate of Rs. 1,000.00 p.m. w.e.f. 1st October, 1989 in proceedings which have been filed, for the grant of divorce in the Court of District Judge, Delhi. It is. further stated that the respondent is no-doubt one-half owner of the building in Vasant Vihar, New Delhi, however, his share of rent from the said house is stated to be Rs.9,000.00 p.m. w.e.f. 28th February, 1994. The said rent is subject to the deductions of maintenance/repairs and payment of house tax. According to the respondent, there is no other property of the respondent and (he total income of the respondent is, therefore, stated to be about Rs. 15.000.00 p.m.