V USHA RANI Vs. K L N RAO

JUDGEMENT

(1.) In a petition filed under Section 13 of the Hindu Marriage Act by Dr. K.L.N. Rao (husband) against Dr. V. Usha Rao (wife) for dissolution of his marriage with her by decree of divorce, an application under Section 24 of the Hindu Marriage Act was filed by the wife for the grant of maintenance pendente lite to her at the rate of Rs. 10,000/- per month and Rs. 15,000/- towards litigation expenses. It was alleged by her in her application under Section 24 of the Hindu Marriage Act that she is working as an Assistant Blood Transfusion Officer in the department of Blood Bank, PGI, Chandigarh and her salary is Rs. 16,474/- out of which she has to pay income-tax. She is putting in a Working Women's Hostel, PGI Campus, Chandigarh. She has to deposit Rs. 2050/- on accoutn of rent and diet charges and in case, she uses heater, fridge, press etc, she has to pay extra amount. There is a private telephone got installed by her in her room for which she has to bear Rs. 1,000/- bi-monthly telephone charges. She is thus not left with any amount. On the other hand, her husband is Professor and Head, Department of Pediatric Surgery, PGI, Chandigarh. His monthly salary is Rs. 36,640/-. Apart from it, he gets extra for the conferences he attends either in India or abroad. He is also examiner and is earning huge amount on that account. His monthly earnings, in any case, are to the tune of Rs. 50,000/-. In addition to this, he is having shares in several companies to the tune of Rs. 20 lacs Earlier, some of the shares were in their joint name but he got the shares transferred to his exclusive name. Earlier, they had joint account in Canara Bank, Sector 17, Chandigarh, Punjab National Bank, Sector 17, Chandigarh and State Bank of India, PGI, Chandigarh. He closed the joint accounts and after withdrawing the entire amount opened new accounts in his individual name in several banks. He is also card holder of the City Bank. He is having HIG, PGI Society Flat in Sector 21, Panchkula. He has paid instalments so far as that flat is concerned. Flat is in their joint name. He also owns 3 acres of agricultural land in Andhra Pradesh. On all counts, his income is no less than Rs. 2 lacs per month. She does not possess any movable or immovable property. Some land has been gifted to her by her father, but she is not getting any income from that property. She has got no other source of income. She cannot maintain herself with the meagre salary she is getting. She cannot defend herself in these proceedings.

(2.) Husband opposed her prayer. It was urged that she was getting Rs. 17030/- per month. His carry home salary is Rupees 23,996/- per month. Whatever shares are, they are in their joint names. They are lying intact. Joint accounts have not been closed. It was denied that he is owning any HIG, PGI Society Flat. It was denied that he has any landed property. It was denied that his income is Rs. 2 lacs per month. He has to maintain his aged parents. He has to pay them about Rs. 2,000/- per month. He is maintaining his son, who is in the college. He has to spend about Rs. 5,000-6,000/- per month on his education and on providing him other facilities. Recently, he got computer at a cost of Rs. 45,000/- for his son so as to help him in his studies. He is living in two kanals house allotted to him by PGI, in Chandigarh.

(3.) Vide order dated 21-8-2000, Additional District Judge, Chandigarh dismissed the wife's application filed under Section 24 of the Hindu Marriage Act. Wife has come up in revision to this Court against this order.