REKHA DEEPAK MALHOTRA Vs. DEEPAK JAGMOHAN MALHOTRA

JUDGEMENT

(1.) THIS suit has been filed by the plaintiff under section 18 of the Hindu Adoptions and Maintenance Act, 1956. She claims maintenance in the sum of Rs. 25,000/- per month. She also claims a sum of Rs. 75 lakhs to enable her to acquire on ownership basis a residential flat in or around the vicinity of the plaintiffs home at Worli.

(2.) NOTICE of Motion has been taken out for ad-interim and interim maintenance. At the ad-interim stage on 7th July, 1997, it was stated that the wife is earning an amount of Rs. 12,000/- per month. The defendants income was alleged to be around Rs. 2 lakhs per month. Taking into account the above fact this Court directed the husband to pay a sum of Rs. 7,500/- per month from July, 1997. This amount has been regularly paid.

(3.) BRIEFLY stated, it is the case of the plaintiff that the marriage was solemnised on 24th June, 1988, according to Arya Samaj Rites in Mumbai. The defendant is stated to be a professional artist and at present works as Audio Visual Director with Triton Communication of Mumbai. He shoots advertising films. He is said to be the sole proprietor of Sound and Visual Communication and also does job as a free-lancer in the name of Sound and Visual Communications. The plaintiff met the defendant in October, 1983. After several meetings the defendant proposed to the plaintiff. This proposal was accepted by the plaintiff and they were engaged in 1987. According to the plaint, even prior to the engagement the defendant was having an affair with a woman called Poonam. He promised to break up the affair when the plaintiff (hereinafter referred to as "the wife") protested about the same. Surname of Poonam is not given as she is said to be not married. Four years thereafter in 1992, the defendant (hereinafter referred to as "the husband") is said to have started an affair with a girl called Sunita. On confrontation the husband is said to have admitted the affair. Full name of Sunita is also not given as she is said to be married. It is stated that being unable to bear the mental trauma caused by the promiscuous conduct and extra marital affairs of the husband, the wife complained to the mother of husband. She was requested to be patient by the mother. Relying on the assurances given by the mother, the wife continued to remain in the matrimonial home. Again in 1995, the husband is said to have had an affair with a model girl called Shimona Rashi. The husband is supposed to have provided Shimona Rashi an add on credit card of Dinners Club. This facility was, however, not provided to the wife. In fact, the wife discovered the add on credit card for Shimona accidentally when she came across a statement of account received from Dinners Club. When confronted by the wife, the husband did not deny the existence of Shimona. He said that since she was only a young girl, the husband had provided her with the add on credit card of Dinners Club. He also stated that Shimona will be reimbursing him for the expenses. To pacify the wife the husband is said to have taken out another add on credit card of Dinners Club in the name of the wife. Thereafter the husband is alleged to have an affair with another girl at Ooty who registered in at the Taj Mahal Hotel in the name of Mrs. Malhotra. The wife is also alleged to have found a love letter in the wallet of the husband. This letter was said to have been destroyed by the husband when the wife confronted the husband with the said letter. In or about February, 1996, the husband had ostensibly gone to Gujarat for shooting for three days. The wife, however, discovered that he had not gone to Gujarat at all. Being unable to bear the mental trauma and agony caused by the continuous promiscuity and extra marital affairs of the husband, the wife was forced to leave the matrimonial home in February, 1996. Since then she has been residing with her parents. Apart from these pleadings in the plaint, it was also brought to my notice by Mr. Shah, learned Counsel appearing for the wife, that Shimona Rashi now goes under the name of Shimona Malhotra. She is alleged to have delivered a child sired by the husband. Thus, it appears that the marriage seems to have broken down. Allegations made in the plaint have been denied by the husband. It is stated that the dispute arose rather out of the unwillingness of the wife to have a child. The case put forward by the husband is that the wife is pre-occupied with her career and she refused to have any children. It is further stated that the wife has left the matrimonial home willingly. It is reiterated that the only cause for the matrimonial discord was that the wife was giving more importance to the career than raising a family Mr. Shah has vehemently argued that no matter how liberal an Indian wife may be, she cannot tolerate the continuous infidelity of the husband. He submits that rather than causing marital discord the wife dutifully remained within the confines of married life for a period of six years. He submits that the conduct of the husband is such which would amount to desertion by the husband of the wife. He also maintains that the aforesaid conduct of the husband is sufficient to establish cruelty of the husband against the wife. He further submits that after marriage the wife was residing in the matrimonial home which was at Worli. This is a three bed room flat. The workplace of the wife is also at Worli. Therefore, she hardly had any inconvenience of travelling from home to the office. Now having been turned out of the matrimonial home she is required to travel from Juhu to Worli every day. He submits that the wife is entitled to maintenance to enable her to continue to enjoy the status that she enjoyed in the matrimonial home. He further submits that the husband has stated the income to be Rs. 40,000/ -. No proof has been given to show that this is the only income. Merely producing income-tax returns would not show or disclose the entire income. He submits that the stand taken by the husband is contradictory. On the one hand the fixed income of Rs. 40,000/- per month is projected whilst at the same time claiming on the other hand that the husband is not employed but works as a consultant. Therefore, he could not be receiving a salary. He further submits in ventures like advertising and modelling etc. most of the income is hidden. He submits that the husband has been leading a very lavish style of life. He travels abroad as well as all over India quite frequently. He is a busy socialite. Even according to the husband himself he enjoys the facilities of a Gold Card of the City Bank. All this, according to him, do not indicate that the husband is earning a meagre sum of Rs. 40,000/- per month.