RANJEET KUMAR Vs. NEHA KUMAR

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner has assailed the order dated 8th January 2008 passed by learned ADJ fixing the maintenance pendenelite of the respondent and her daughter under section 24 of the Hindu Marriage Act and directed the petitioner to pay pendenelite maintenance of Rs. 20,000/- per month to the wife and Rs. 5000/- to his daughter apart from litigation expenses.

(2.) BRIEF facts relevant for the purpose of deciding this petition are that petitioner is working as a Deputy Manager with Bharti Airtel Limited. His total package per annum is Rs. 6,11,303/ -. Considering this package and the fact that he was maintaining a car, mobile phone and land-line connection, the trial Court directed that the petitioner to pay a sum of Rs. 20,000/- per month as maintenance pendentelite to the wife and Rs. 5,000/- per month to his daughter from the date of filing of the application and also a sum of Rs. 5500/- on account of litigation expenses.

(3.) THE petitioner's grievance is that he had given the details of his package issued by the company to him which demonstrates that package amount was his costs to the company. The company takes into account his salary, the salary of driver, car hire charges, gratuity payable at the end of his service, provident funds and medical and other expenses. The trial Court did not consider this. Apart from that, the trial court has also not taken into account that he has to pay income tax over his salary. It is also alleged by the petitioner that the Court has also not taken into account the income of the wife who was running a boutique at her parental house.