TEJBIR Vs. ANITA

JUDGEMENT

(1.) - CM No.22016-CII of 2016 Allowed as prayed for. Annexure P-3 is taken on record subject to just exceptions. Disposed of accordingly. CR No.5642 of 2016

(2.) The present petition has been directed against order dated 13.07.2016 passed by the District Judge, Family Court, Rohtak whereby the respondent-wife has been awarded maintenance pendente lite at the rate of Rs. 12,000.00 per month under Sec. 24 of the Hindu Marriage Act, 1955 (in short 'the Act') in the proceedings for divorce initiated at the instance of the petitioner-husband.

(3.) Counsel for the petitioner has submitted that though gross salary of the petitioner is Rs. 30,000.00 per month but as per showing of Annexure P-3, he received cash payment ranging between Rs. 16,000.00 to Rs. 20,000.00 w.e.f. 30.11.2015 to 31.08.2016 except on 29.01.2016 and its average comes to approximately Rs. 21,000.00 per month. It is further submitted that there is nothing on record suggestive of the fact that the petitioner has any other income. Another submission made by counsel is that the respondent is B.Tech and the receipt (Annexure P-2) proves that an amount of Rs. 55,500.00 by way of cheque was paid to P.M. College of Engineering towards fee and the payment was made by the petitioner. The last submission made by counsel is that as the respondent is technically qualified, she is not entitled to get maintenance.