URMIL GOEL Vs. VIJAY KUMAR GOEL

JUDGEMENT

(1.) Smt. Urmil Goel was married to Vijay Kumar God on 5th July, 1976, in accordance with Hindu rites. Apparently, they did not pull on well. Smi. Urmil Goel approached Court under section 9 of the Hindu Marriage Act hereinafter referred to as the Act) and obtained a decree for restitution of conjugal rights against the respondent on 30th July, 1977. On 8th August, 1978, Vijay Kumar Goel filed a suit for divorce under section 13 (1)(a) a decree of divorce was made in his favour. Smt. Urmil Goel's appeal against the order of the om-atrimonial Court dated 23rd August, 1979, granting a decree of divorce failed in this Court. The learned single Judge while dismissing the appeal on 30th January, 1980, sought a report from the District Judge so that appropriate orders with regard to fixation of permanent alimony could be passed by this Court. The District Judge recorded the evidence adduced before him by both the parties and submitted the same along with his report dated 4th march, 1980, which merely notices the respective cases of the parties and the evidence led on it. The learned District Judge has refrained from expressing his opinion about the evidence which he had left for this Court to assess.

(2.) Smt. Urmil Goel, appearing as her own witness as A.W. 1 deposed that Vijay Kumar Goel her erstwhile spouse was earning Rs. 2,000/- per mensem as partner of M/s. Goelsons, which is engaged in hosiery business. She also stated that she was not employed any purhase and have no source of income. Rajeshwar Parshad A.W. 2 supported the testimony of Smt. Urmil Goel stating that Vijay Kumar continued to be partner of Ws. Goelsons and lives with his father and that the appellant was unemployed and depended for her livelihood on him. Kashmiri Lal A.W. 3 is the resident of Rajpura. He stated that Stilt. Urmil Goel was not employed anywhere and depended on her parents for her livelihood. A congestion in cross-examination that she was working as a teacher in a private school wa, denied. Sant Ram A.W. 4 spited that Vijay Kur. at Goel was a partner of the firm known as M/s Goelsons. It is a flourishing concern. Vijay Kumar Goel lives in a well furnished house.

(3.) Mr. P.J. Arora, inspector, Income Tax Department, Distt. II (6), Ludhiana, A.W. 5 produced the summoned record record regarding M/s Goelsons partnership concern. it is apparent from the record that during the year 1975-76, the partnership comprised of two partners namely Des Raj and Vijay kumar erstwhile husband of Smt. urmil Goel. Their shares were 70 percent and 30 per cent respectively. The annual income of the firm was Rs. 19,40. The firm was assessed to income tax on the said amount. During the year 1977-78, there was four partners. However , the share of Vijay Kumar continued to be 30 per cent in the said concern. The firm was assessed to income tax at an income of Rs. 24,00 the share of Vijay Kumar came to Rs. 7.082. During the year 1977-78, the share of Vijay Kumar in the capital of the firm stood at Rs. 17,846,14 P. in the beginning of the year. At the close of the year it was Rs. 260.84. During this year he had withdrawn Rs. 12,200 for household purposes. He had made two gifts of Rs. 5,000 each in favour of his mother Nasib Wanti and his sister Kamlesh Rani. In cross-examination after referring to the files concerning the assessment years 1978-79 and 1979-80. He stated that there was no mention of Vijay Kumar, being the partner of M/s. Goelsons. The same was the position in the year 1979-80. The irem Goelsors being reconstituted in the year 1979-80 in the balance-sheet of the year 1978-79, no amount was shown to be in the credit of Vijay Kumar and the same was said to be the position of the balance-sheet for the year 1979-80. In the record brought by him, Vijay Kumar has not been shown to have drawn any salary from the firm M/s. Goelsons either in the year 1978-79 1979-80.