PRABHDYAL DHIMAN Vs. ANITA DHIMAN

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution prays for setting aside order dated 21.11.2002 passed by Civil Judge (Junior Division), Ludhiana, allowing an application of the respondent-wife under Section 24 of the Hindu Marriage Act, 1955 (for brevity 'the Act') awarding maintenance @ Rs. 4500/- till the decision of the case and litigation expenses of Rs. 5500/-.

(2.) Brief facts of the case are that marriage between the parties was solemnised on 17.11.1984 at Ludhiana according to Sikhs religious rites. The parties cohabited as husband and wife at Nakodar resulting into birth of two children namely Printa and Akhilash. The petitioner-husband filed a divorce petition against the respondent-wife in the year 1997. During the pendency of the divorce proceedings, an application filed by respondent-wife under Section 24 of the Act was dismissed by the learned Additional District Judge, Jalandhar vide his order dated 21.4.1999 (Annexure P-1).

(3.) The divorce petition was dismissed by the learned Additional District Judge, Jalandhar on 3.2.2001 and even the appeal filed by the petitioner-husband has been dismissed as withdrawn. As a consequence on 5.8.2002, the respondent-wife filed a petition under Section 9 of the Act and also filed an application under Section 24 of the Act claiming a sum of Rs. 22,000/- as litigation expenses and Rs. 40,000/- as maintenance by pleading the income of the petitioner-husband at Rs. 2.00 lacs p.m. It is alleged that material facts have been concealed inasmuch as no reference has been made with regard to dismissal of her application on 21.4.1999 filed by the respondent-wife when the petitioner-husband had filed divorce petition. It is further alleged that respondent-wife did not intentionally disclose her income, which she has been earning from running an institute. The petitioner-husband opposed the application. In his reply, he stated that the respondent-wife is owner of firm known as M/s Dhiman Industrial Corporation and she has a permanent income tax No. PAN No. AAL-PD- 3438L, which shows that she has been an income tax assessee. Reference was also made to her current bank account and that she is owner of various properties at Ludhiana. Her income was pleaded to be Rs. 10,000/- pm. The petitioner-husband also disclosed his approximate income to be Rs. 17,000/- pm after making necessary and legal deductions. He is also to look after his parents and two children, who are residing with him and are aged 13 and 12 years respectively. The petitioner-husband has appended the photographs down loaded by him from web site of the school being allegedly run by the respondent-wife under the name and style of Khushboo School of Art, Dashmesh Nagar, Ludhiana (Annexure P-4). A copy of income tax return for the year 2002-2003 showing gross income of Rs. 2,59,000/- approximately and total income after deductions at Rs. 2,48,000/- has been attached. Bank account at Hindu Urban Cooperative Bank Ltd. Nakodar has also been appended to show the income of the respondent-wife.