SANJEEV ARORA Vs. LEENA

JUDGEMENT

(1.) THE petitioner is aggrieved by an order of learned ADJ dated 1st november, 2007 whereby an interim maintenance of Rs. 4,000/- per month was fixed for the wife in a Petition under Section 18 of Hindu Adoption and Maintenance act.

(2.) WIFE had alleged that the petitioner was earning Rs. 20,000/- per month from the business. He was carrying on business under name and Style of shankar Stores. The husband took a stand that M/s. Shankar Stores was a small kiryana shop at 22/15, Chhoti Subzi Mandi, Janakpuri. This business was developed and being managed and controlled by his brother and he was assisting his brother and getting only a sum of Rs. 1,500/- per month. The Trial Court disbelieved the contention of the petitioner that he was earning only Rs. 1,500/-per month and assessed that his income would not be less than Rs. 10,000/- per month.

(3.) IT is settled law that where a party does not come to the Court with clean hands and there is no definite proof of earnings from the business, the Trial Court has to resort to guess work to assess the income of the party taking into account all facts and circumstances. The Trial Court has assessed the income at Rs. 10,000/ -. The contention of the petitioner that he was earning only Rs. 1,500/- per month on the face of it is unbelievable. If the shop had been giving profit only about Rs. 7,000-8,000/- per month as is alleged by the petitioner, two brothers would not have adopted the shop as full time vocation. Even an unskilled labourer earns minimum wages of Rs. 3,500/- per month.