SURENDRA NATH ARORA Vs. SM. PUSPA ARORA

JUDGEMENT

(1.) This is a husband's appeal against an order of maintenance pendentelite and costs of litigation awarded in favour of the wife in a suit for judicial separation brought by the husband, being Matrimonial Suit No. 19 of 1973 of the 5th Court of Additional District Judge at Alipore.

(2.) The wife filed the application under section 24 of the Hindu Marriage Act claiming Rs. 2000.00 per month as maintenance pendentelite and a sum of Rs. 2,500.00 provisionally towards expenses of the litigation. She alleged that she had no independent source of income, that she has been deserted by her husband and was forced to live in her father's family, that the average monthly income of the husband is Rs. 3,800.00 per month from his salary and allowances, that besides the said sum he has also other income derived from securities and interest from bank deposits. Having regard to the status of the parties and their living standard and also the financial capability of the husband, she claimed the sum aforesaid towards maintenance and expenses. It was further alleged that she had to incur considerable expenses towards litigation for she had to come all the way from Lucknow where she is at present residing in her father's family, to defend the suit.

(3.) The respondent admittedly is employed as General Manager (Works), under Messrs Shalimar Wire Industries Ltd., Calcutta. His case is that the respondent wife has independent source of income which is more than adequate for her needs. She has money in Savings Bank Accounts and earns interest therefrom. The petitioner husband purchased shares of different reputed companies in the name of the wife the market value of which would be about Rs. 9,000.00. She earns dividends from such shares. The respondent while leaving the matrimonial home took away with her jewellery worth about Rs. 30,000.00 and other valuables worth about Rs. 15,000.00. If the said articles and shares are converted into money and properly invested it can fetch an income around Rs. 8,000.00 per annum. As regards his own ability the case of the husband is that he gets a sum of about Rs. 1,417/-per month at an average after deductions made by the petitioner's employer on account of income-tax, provided Fund, House Rent, Insurance etc. He has also to pay for the educational expenses of his younger brother and has to render occasional help to his aged parents. In such circumstances the husband alleged that the claim of the wife was highly excessive, arbitrary and untenable.