JAGDISH PRASAD SHARMA Vs. SANGEETA SHARMA

JUDGEMENT

(1.) Shri Jagdish Prasad Sharma and his wife Smt. Sangeeta Sharma got married on 13-2-1985 according to Hindu rites. The couple fell out after a few months of their marriage. The respondent wife started living with her parents. On 10-10-85. she filed an application under Section 125 of the Code of Criminal Procedure for the grant of maintenance. Alongwith the maintenance petition, she also filed anapplication for ad interim maintenance claiming a sum of Rs. 300-Rs. 400 per mensem during the pendency of the main petition. In the application, she alleged that for the last few months, she has been living separately from her husband. She is unemployed and has no other source of income. Her husband is employed in Pure Drinks Ltd. and is earning between Rs. 1500 to Rs. 2000 per mensern. He has not offered or sent any maintenance since the day she is living separately.

(2.) The husband controverted the allegations and stated that she is not entitled to any maintenance because she has deserted him without any rhyme or reason. He also alleged that she is earning more than Rs. 500 per mensem by doing tailoring job. He, however, admitted his salary at Rs. 400 per mensem.

(3.) After hearing the arguments, the Id. Metropolitan Magistrate held that the husband has not been able to bring any material on record to prove that his wife is earning more than Rs. 500 per mensem by doing tailoring job or that she has any other source of income. The Id. Metropolitan Magistrate did not agree with the oral assertions of the husband that his salary is Rs. 400 per mensem. He assessed the income of the husband at Rs. 900 by observing :