SAVITA Vs. DHARAMVIR KHATRI

JUDGEMENT

(1.) THIS order will dispose of two Civil Revision Petitions (Nos. 711 of 1992 and 976 of 1992), the first filed by the wife and the other by the husband, challenging by the husband, challenging the order of the Additional District Judge, Rohtak, dated January 10, 1992, whereby after determining the income of the respondent/husband at Rs. 1500/- per month, maintenance Pendente lite at the rate of Rs. 500/- per month plus Rs. 1000/- as litigation charges was fixed by the Court.

(2.) THE facts, as culled out from both the petitions, are as under :-The respondent, herein, filed an application under Section 13 of the Hindu Marriage Act, hereinafter called "the Act", claiming divorce from the petitioner on various grounds set out in it. An application Under Section 24 of the Act was thereafter filed by the petitioner, claiming maintenance as also litigation expenses. In the said application, the petitioner alleged that the respondent was a practising a Adv. at Tis Hazari Court, Now Delhi, owned a number of shops in Green Park, New Delhi and had also received Rs. 25 lacs as compensation for his land acquired by the Government. It was also asserted that the respondent was maintaining a good life style and had a Maruti Car and two telephones at his disposal, it was alleged that the monthly income of the respondent/husband from various sources was more than Rs. 50,000/- and it was on that basis that- the petitioner claimed maintenance and litigation expenses.

(3.) IN reply to the application tiled, the stand of the respondent was that he had been practising as an Adv. since 1986 as a Junior with his brother Shri Sultan Singh and was getting Rs. 700/- per month as his total emoluments. It is also stated that the telephones which were set up within the Chamber of the respondent, infact belonged to his brother. It was also denied that he was owner of a Maruti Car or any shop in Green Park, New Delhi, or that any land belonging to him had been acquired by the Government, as stated by the petitioner.