MEENAKSHI Vs. LOKESH KUMAR

JUDGEMENT

(1.) THIS petition is directed against the order dated 17th April, 2010 passed by the learned Additional District Judge, Dharamshala whereby he has awarded Rs. 5,000/ - as litigation expenses and Rs. 1200/ - as maintenance pendente lite to the Petitioner -wife.

(2.) THE undisputed facts of the case are that the Respondent -husband filed a divorce petition against the wife. In these proceedings the wife filed an application for grant of maintenance pendente lite and litigation expenses. The wife alleged that the husband runs a hotel consisting of more than 10 rooms besides a restaurant in Nurpur town and his income is Rs. 30,000/ - per month. The husband filed a reply to the application alleging that the wife is a graduate and is residing at Ropar with her maternal aunt. She is drawing a salary. It was further submitted that the Respondent -husband is out of job. As far as the allegations with regard to the husband owning a hotel is concerned though there was general denial to the allegations made in the application but the husband did not state as to whom this hotel belongs to and what concern, if any, he had with the hotel. The learned trial Court awarded maintenance pendente lite as detailed above and against this order the wife is in appeal.

(3.) IT is difficult to believe the version of the husband. It is more than obvious that on one pretext or the other he is trying to avoid paying maintenance to his wife. Before the trial Court he claimed that his wife was a teacher but now his claim is that she is a Sadhvi and is getting sufficient income from the offerings made by her devotees. This was not stand taken in the trial Court. Another new stand which has been taken now is that in September, 2010 he was ousted by his father. It is convenient that this ouster is after the present petition was filed and it is obvious that this is a cooked up story. The father is a retired government servant and therefore, the restaurant/hotel has to be run by his family members. The husband has not given details of any other family members who are running the hotel.