SMT. PREETI JAIN DALAL Vs. DR. DEEPAK JAIN

JUDGEMENT

(1.) This is an application under Sec. 24 of the Hindu marriage Act (hereinafter referred to as 'the Act') for the grant of maintenance pendente lite as well as litigation expenses.

(2.) Smt. Preeti Jain Dalal was married to Dr. Deepak Jain on May 12, 1997 in accordance with the Hindu rites. The marriage was not consummated as the respondent being impotent. Therefore, the petitioner filed petition under Sec. 12(1)(a) of the Act for annulment of the marriage. The parents of the petitioner spent Rs.2,50,000/ - on the marriage. The respondent had also pressurized the petitioner to transfer her parents' house in his name. In this way, she was subjected to physical and mental cruelty. The petition was dismissed by the Learned Additional District Judge, Faridkot Therefore, the petitioner has filed the appeal which is pending, in this Court and during the pendency of this appeal, the present application has been filed.

(3.) The respondent is a doctor by profession. Earlier he was employed as Sr. Medical Officer at All India Institute of Medical Science, New Delhi. Presently, he is drawing Rs.18,000/ - per month. The petitioner was allowed maintenance at the rate of Rs.3,000/ - per month besides Rs.5,000/ - as litigation expenses vide order dated 9th January. 1998. The respondent failed to pay the amount awarded by the learned Additional District Judge, therefore, she has filed execution application for the recovery of arrears also. He paid the amount of arrears of maintenance only with effect from August 27, 1997 to October 27, 1998 i.e. for one year and 2 months and thereafter, nothing was paid to her. the applicant in her subsequent application C.M. No. 93 -M of 2001 has averred that presently the respondent is getting Rs.50.000/ - per month as he is working as Nephrologist in Sam Lok Hospital, New Delhi.