PRADEEP KUMAR SHARMA Vs. RATNA SHARMA

JUDGEMENT

(1.) PRESENT petition has been filed under Article 227 of constitution of India challenging the order dated 22nd November, 2006 passed in HMA No. 655/2006 whereby Additional District judge has granted monthly maintenance to respondent-wife at the rate of Rs. 7,000/- and litigation expenses to the extent of rs. 8,000/ -.

(2.) MS. Pinki Anand, learned Senior Counsel for petitioner-husband stated that respondent-wife is an able bodied educated person who is working as a teacher and earning almost rs. 30,000/- per month from salary and tuition fees. In this connection, she referred to the statement of respondent-wifes brother, Mr. Abhishek, wherein he stated "my sister is working as a teacher in St. Fiedelis School, Aligarh and is maintaining her expenses on her own. " She also referred to statement of respondent-wifes sister, Kumari Reena, wherein she stated "my sister is working as a Teacher in St. Fiedelis School, Aligarh. The statement given by my brother Abhishek is my statement also. "

(3.) MS. Pinky Anand further stated that when the maintenance application was filed on 14th September, 2005, petitioner-husband was earning gross salary of Rs. 24,353/- and his net income was only Rs. 20,065/ -. In this context, she relied upon a salary certificate issued by petitioner-husbands employer.