SHYMA Vs. SH SANJAY CHOPRA

JUDGEMENT

(1.) To an application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred as the Act), filed by the wife, the husband not only raised vacuous contest but also made a counter claim, claiming maintenance pendente lite from the wife. The husband owns property and a printing press in Delhi but still claims to be earning Rs. 1,500/- per month. In these circumstances, the husband presses for the claim of maintenance from his destitute wife, who is bringing up a minor child as well.

(2.) In order to discuss the issue with some elucidation, reference to basic facts would be necessary.

(3.) Shyama was married to Sanjay Chopra on 20th April, 1992 at New Delhi. The parties lived together as husband and wife and a male child was born from this wedlock on 18th January, 1994. However, according to the wife, serious differences arose between the parties, primarily for the default of the husband and the cruelty inflicted upon her by her husband and his family members. The husband is alleged to be a drug addict and used to ill-treat the wife as well as the child. Compelled with these circumstances and ill- treatment that was meted out to her she was thrown out of the matrimonial home. She claims to be staying with her parents of Ludhiana. She was working as a teacher, but her services were terminated because of the notice issued by her husband to the Principal of the School, where she was and, as such, she is without independent source of income sufficient to maintain herself and her minor child. Compelled by these circumstances, she filed a petition under Section 13 of the Hindu Marriage Act, 1955 praying for a decree of divorce of the marriage between the parties. This petition was filed on 6th August, 1995.