VIVEK MALIK Vs. SUJATA

JUDGEMENT

(1.) The present order shall dispose of two petitions being CR-8064- 2016 "Vivek Malik vs Sujata" and CR-4425-2017 "Sujata vs Vivek Malik" as both these petitions arise out of a common order dtd. 23/9/2016, passed by the District Judge, Family Court, Rohtak (for short, the Trial Court).

(2.) The facts, in brief, which are required to be noticed for adjudicating upon the present petitions are that Vivek Malik (hereinafter referred to as the 'husband') filed a petition under Ss. 13(1)(1a) and 13 (1)(1b) of the Hindu Marriage Act, 1955 (for short, the Act) for dissolution of the marriage between him and Sujata (hereinafter referred to as the 'wife') on the grounds of mental and physical cruelty as also desertion.

(3.) During the pendency of the aforesaid divorce petition, the wife filed an application under Sec. 24 of the Act, seeking therein interim maintenance and litigation expenses. In her application, the wife disclosed that she was working as a Lecturer in Tika Ram Girls College, Sonepat and gave details of the expenses being incurred by her on the education and upkeep of the minor girl child of the parties namely Mehar Malik. She also averred therein that the husband was earning Rs.6.00 lakhs per month from a factory on Hisar Road, Industrial Area, Rohtak as also from seventeen shops in Panipat and from six acres of agricultural land owned by him. The husband filed a reply to the aforesaid application and inter alia submitted therein that the wife was not entitled to any maintenance as she herself was earning Rs.55,500.00 per month. So far as the averments with regard to his assets were concerned, he submitted that he was running a small unit in partnership with his mother wherein nut and bolts were manufactured. It was denied that he was receiving any rent from any shop at Panipat and that he owned any agricultural land.