SATISH KUMAR SAWHNEY Vs. PREM SAWHENY

JUDGEMENT

(1.) This revision is directed against an order granting interim maintenance to the wife of the petitioner under Sec. 24 of the Hindu Marriage Act (hereinafter called the Act for short) at the rate of Rs. 800.00 per month along with litigation expenses amounting to Rs. 1,500.00 .

(2.) In this case neither the relationship of husband and wife nor parentage of the daughter of the parties has been disputed. It also appears to be an admitted fact that the revision petitioner was and is working as a commission agent of two firms, viz., M/s. Sawhney Enterprises and M/s.S. Mubarak Ali & Sons since the year 1984-85, He received Rs. 17,824.00 as commission from these firms. Out of this amount as per the husband's claim, he had to spend about Rs. 10.000.00 as travelling expenses on visiting station to station. It has also not been seriously disputed by the petitioner that the respondent wife has no independent source of income.

(3.) According to the wife/respondent she has no source of income of her own. She was being given monthly expenses of Rs. 700.00 during her stay for about 3 years with the petitioner. The entire 'Stri' Dhan has been retained by the petitioner. The petitioner represented a number of companies and procured orders worth several lakhs of rupees, viz., M/s. Abdul Ellahi & Sons, M/s. Suresh Glass Centre, Mysore, M/s. Dalip Sawhney, M/s. S. Mubarak Ali &'Sons and M/s. Ramesh Anand. The petitioner gets handsome salary as well as commission from all the parties. She has 3 years old daughter and as she is not being maintained by the petitioner husband she is dependent on her aged parents. Actual income of the petitioner is said to be over Rs. 5,000.00 per month and the wife claimed Rs.3,000.00 for her own maintenance and maintenance of her daughr. She also claimed a sum of Rs. 2,000.00 asitigation expenses.