LAWS(ALL)-2018-10-129

TARUN AHUJA Vs. LEENA SHARAD

Decided On October 26, 2018
Tarun Ahuja Appellant
V/S
Leena Sharad Respondents

JUDGEMENT

(1.) This is an appeal preferred by a husband under section 19(1) of the Family Courts Act, 1984 dissatisfied with the order of Family Court granting interim maintenance to the wife under section 24 of the Hindu Marriage Act (for short, "the Act, 1955").

(2.) The appellant Tarun Ahuja and respondent Smt. Leena Sharad were married on 24.3.2010 in New Delhi according to the Hindu rites and rituals. The appellant had solemnised the marriage with the respondent after having a decree for divorce from his first wife. After five years of his second marriage he filed a petition under Section 13(1)(ia) praying for dissolution of his marriage with the respondent by a decree of divorce. The respondent - wife moved an application under Section 24 of the Act, 1955 for awarding Rs. 25,000/- against expenses, Rs. 3000/- for travelling expenses and Rs. 25,000/- per month as interim maintenance. In her application she has stated that the appellant runs a flourishing business of real estate in the name and style of Binni Associates and his monthly income is around Rs. 2 lakh per month. She has stated that she does not have any source of income and she is dependent upon her parents.

(3.) The appellant filed a reply to the application under Section 24 of the Act, 1955 wherein he has asserted that the wife - respondent is running a business of Printing Press and she earns about Rs. 1 lakh per month. He has stated that he is an unemployed person and does not have any fixed income.