GEETA Vs. BHUPINDER SINGH CHOUDHARY

JUDGEMENT

(1.) APPELLANTS -Smt. Geeta Alias Son Dai and her son Varun have preferred the instant appeal feeling dissatisfied against judgment dated September 09, 2010 passed by the learned District Judge, Family Court, Gurgaon, whereby a petition preferred under Section 18 & 20 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as "Act") seeking maintenance from the respondent was partly allowed. The petition preferred on behalf of Smt. Geeta alias Son Dai was dismissed. Whereas minor son -Varun/appellant No. 2 was awarded the maintenance allowance at the rate of Rs. 4000/ - per month from the date of judgment. In nutshell, the facts contained in the petition are that the marriage of appellant No. 1 was solemnized with respondent -Bhupinder Singh Choudhary on December 4, 1996 at village Badshahpur as per Hindu rites and ceremonies. They were blessed with a son -appellant No. 2 on August 25, 1997 at Gurgaon when appellant No. 1 was living at her parental home. It has been alleged that appellant No. 1 -wife was turned out of the matrimonial home on March 28, 1998 when she as well as her parents failed to meet an illegal demand of dowry raised by the respondent. Since then, the appellants are living at Gurgaon with the parents of appellant No. 1. It has further been alleged that she has no independent source of income and is unable to maintain herself as well as her minor son -Varun who is studying in a Lady Fatima School, Gurgaon. Whereas the respondent -husband is posted as a Development Officer with LIC and is getting salary to the tune of Rs. 25,000/ - per month, besides, agricultural income of about Rs. 5 lac per year. The appellants -petitioners sought maintenance to the tune of Rs. 15000/ - per month.

(2.) UPON notice, the petition was resisted by the respondent. He appeared and filed written statement admitting that he is working as Development Officer with LIC but denied his income as alleged by the appellants -petitioners. Rather, he alleged that appellant No. 1 -wife is guilty of concealment of true facts. In fact, she has been working as a guest teacher on fixed salary of Rs. 10,000/ - per month in Lady Fatima School, Gurgaon where master Varun is also studying besides Rs. 10,500/ - per month on account of rental income, tuition income and dairy business. Other allegations levelled in the petition have been denied alleging that the same are wrong. Accordingly, he prayed for dismissal of the petition.

(3.) WHETHER the Court fee paid by the petitioner is not sufficient? OPR