SATISH @ BITTOO Vs. SURESH DEVI

JUDGEMENT

(1.) Applicant/respondent-wife has filed an application under section 24 of the Hindu Marriage Act seeking maintenance pendente lite @ Rs. 25,000/- per month claiming that the non-applicant/appellant-husband is running the business of transport. He has got income from two and half acres of ancestral land in the name of minor son born out of the wedlock. The minor son is studying in 8th standard but the income derived from his land is being utilised by the non-applicant/appellant-husband. It is averred in the application that the non-applicant/appellant-husband is earning a sum of Rs. 2500/- per month from each of the labourer who have been rented out 40 rooms. He is also owner of two shops which have been constructed on the ground floor of the house in which the applicant/respondent-wife is residing which have been rented out to two doctors at the rate of Rs. 5000/- each per month. It is further averred that the non-applicant/appellant-husband has installed a RO water plant in the village from which also he has got earning. Though, in support of the application, an affidavit has been filed by the applicant/respondent-wife but any material indicating the actual income of the non-applicant/appellant-husband from any of the sources, has not been produced.

(2.) The respondent has failed to file reply of the application despite having been given reasonable opportunities to file reply to the application and contest the same.

(3.) The applicant/respondent-wife has disclosed that a sum of Rs. 3,000/- per month has been awarded as maintenance in proceedings under Section 125 Cr.P.C., 1973