PRIYANKA Vs. VINAY KUMAR

JUDGEMENT

(1.) Petitioner is agrieved of order dated 20.07.2018 passed by Principal Judge, Family Court, Rohtak whereby application under Section 24 of Hindu Marriage Act for grant of maintenance in favour of the petitioner was dismissed and the application under Section 26 of Hindu Marriage Act for grant of maintenance in favour of minor child was allowed to the extent of directing the respondent to pay an amount of Rs.2000/- per month as maintenance to the minor daughter.

(2.) The petition under Section 13 of Hindu Marriage Act was filed by the respondent for grant of a decree of divorce. In the said petition, the petitioner-wife filed an application under Section 24 of Hindu Marriage Act on the ground that she has no source of income to maintain herself and to meet the litigation expenses. The petitioner pleaded herself to be pregnant and is living in her matrimonial house at Village Kehandra Wali , Tehsil and District Jhajjar. She has to come to Rohtak from the village in order to appear in the Court proceedings initiated by the respondent-husband. She further claimed that the respondent is a man of means and is working in M/s Aggarwal Movers and Packers, Jamalpur Road near Jamalpur Chowk, Tehsil Patodi, District Gurgaon and his monthly salary is more than Rs.30,000/-. She also pleaded that the respondent-husband is also having movable and immovable properties including two acres of agricultural land in the village besides having a residential house of 450 sq. yards in his name. The income of the husband is claimed to be Rs.40,000/- per month from all sources. Another application under Section 26 of Hindu Marriage Act was filed for the maintenance of minor child.

(3.) In reply to the application for maintenance under Section 24 of Hindu Marriage Act, the respondent contested the claim of the petitioner on the ground that she is running a Parlour shop and a Boutique in her parental house at Village Pahrawar and she is a trained professional in this work as she was doing this work before her marriage also. The respondent had to resign from his job on account of false complaint given by the petitioner and a criminal case under Section 498-A IPC was registered against the respondent. The respondent had to resign in order to keep the future prospects of job alive. At present he is working in a private shop of Spare Parts and earning a meagre amount of Rs.8000/- per month.