VIKAS KHURANA Vs. PREETI KHURANA

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 22.11.2018 passed by the learned Family Court on an application filed by the respondent/wife under Section 24 of the Hindu Marriage Act (hereinafter referred to as 'HMA') by virtue of which the Family Court has awarded maintenance in the sum of Rs.15,000/- per month for the respondent/wife and the minor school going daughter.

(2.) The necessary facts to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 11.02.2010 at Gurgaon. One daughter was born on 05.01.2011 out of the said wedlock, who is staying with the respondent/wife. Parties have been residing separately since 02.12.2011. On 01.04.2015, the appellant/husband had filed a petition under Section 13(1)(ia)of HMA before the Family Court seeking divorce.

(3.) Counsel for the appellant submits that the Trial Court has lost track of the fact that the appellant/husband is only earning Rs.15,000/- per month and in this amount besides maintaining himself, he has to pay the house rent, electricity bill, mobile bill and other miscellaneous expenses. Counsel for the appellant further submits that the respondent/wife is employed, which is evident from the fact that she was filing the income tax return. However, post the marital discord, she stopped filing the income tax returns to conceal her true income. It is also submitted that the appellant/husband has suffered losses and in view thereof, his own mother has thrown him out of the house and he is presently residing in a rented accommodation.