AJAY JAIN Vs. SANGEETA JAIN

JUDGEMENT

(1.) THIS is civil revision and has been directed against the order dated 1.2.2000 passed by Addl. District Judge, Chandigarh, who granted maintenance pendente lite to the respondent-wife @ Rs. 6,000/- per month besides Rs. 5,000/- as litigation expenses.

(2.) SOME facts can be noticed in the following manner:- Ajay Jain filed a petition under Section 13 of the Hindu Marriage Act against his wife Smt. Sangeeta Jain. During the pendency of the petition the respondent-wife filed an application under Section 24 of the Hindu Marriage Act and prayed for maintenance pendente lite and litigation expenses. The marriage between the parties was solemnized on 13.4.1996. Ajay Jain was previously married and from that wedlock three children were born and they are in his custody. Similarly Sangeeta Jain was earlier married and out of that wedlock she gave birth to two daughters who are in her custody. The ages of the daughters are 15 years and 8 years respectively. From the present wedlock no child has been born. It is alleged by the respondent-applicant in the application under Section 24 of the Hindu Marriage Act that she has no source of in come and she is dependent upon her father for maintaining herself and the two daughters. It is further alleged by the wife that the petitioner- husband has triple storey house bearing No. 1602, Sector 7, Chandigarh and two telephone numbers i.e. 771802 and 702705. Besides this, he is also owner of House No. 1294, Sector 21-B, Chandigarh, which is triple storey building. He is doing the business under the name and style of M/s A.P. Jain and Co. He is a registered property dealer and his income is more than Rs. 70,000/- per month. With these averments the respondent prayed for maintenance pendente lite @ Rs. 10,000/- per month besides Rs. 7,500/- as litigation expenses. Notice of the application was given to the opposite party. The husband filed the reply and denied the allegations. According to the respondent, the wife is getting salary of Rs. 3,000/- per month by doing the job of a teacher in Green-Field Nursery School, Gandhi Nagar, Jammu. He denied that his income is Rs. 70,000/- per month. He stated that the described property is not owned by him, rather it is a Joint Hindu Family property. With this defence the petitioner-husband prayed for the dismissal of the application under Section 24 of the Act. Parties addressed arguments before the trial Court and for the reasons given in paras 11 to 13 of the order dated 1.2.2000, the learned Addl. District Judge, Chandigarh granted maintenance pendente lite @ Rs. 6,000/- per month, besides Rs. 5,000/- by way of litigation expenses. The reasons for awarding this amount are described as follows :-

(3.) I have heard Mr. I.K. Mehta, Sr. Advocate on behalf of the petitioner, Mr. Anuj Raura, Advocate on behalf of the respondent and with their assistance have gone through the record of the case.