REKHA Vs. MOHAN LAL

JUDGEMENT

(1.) THIS is an application for grant of maintenance to the appellant Smt. Rekha, wife of the respondent Dr. Mohan Lal, as also to her minor son aged four-and-a half years, who is a school going child. It has been stated that the appellant has been receiving only Rs. one thousand towards maintenance under Sec. 125 of the Cr. P. C. , which is a very meagre amount and is not sufficient to maintain herself and her child and, therefore, she has filed this application claiming maintenance under Sec. 24 of the Hindu Marriage Act, 1955 (for short `the Act' ).

(2.) THE counsel for the respondent husband has vehemently opposed this application. At one stage the respondent himself also addressed the court opposing the application and it was submitted that the appellant wife Smt. Rekha is a self sufficient lady who is employed in the ICICI Bank at Jaipur, which is working as a franchise of the Bank. It has been stated that she is employed in a high salaried job and is also drawing rental income out of some property. It has, therefore, been submitted that the appellant wife is not an indigent person so as to claim maintenance under Sec. 24 of the Act, as under the said provision the husband or the wife is entitled to maintenance only if in the opinion of the court he or she is not in a position to maintain himself/herself as also to sustain the expenses of the proceedings which is pending. THE respondent husband and his counsel, therefore, have asserted that it is not a fit case where the maintenance should be granted to the appellant wife.

(3.) IN the light of the aforesaid decision of the Supreme Court the interest of the minor son along with the wife has to be taken care of by the court while granting maintenance pendente lite specially when the husband has failed to prove independent source of income of his wife to sustain herself. Besides this, the fact remains that the child cannot be held to be the sole responsibility of the mother so as to incur expenses when the father is very much alive and is having sufficient source of income. IN the instant matter, the respondent husband is drawing a gross salary of Rs. 15,853/- and what exactly is his net salary cannot be a matter of consideration for this court as it is clearly within the discretion of the husband what income is he drawing by way of net salary after the deductions. The child is a school going child and it is stated that a sum of Rs. one thousand is being paid as his tuition fee and obviously there are other incidental expenses also which are incurred on the education of the child. No proof in regard to the income of the wife has been furnished as already recorded, and therefore, we deem it appropriate to award maintenance to the appellant wife to the extent of Rs. 3000/- per month, out of which Rs. 1000/- is already being paid to the appellant. Thus in addition a sum of Rs. 2000/- shall be paid to the appellant wife from 1. 2. 2006 and in-all she will receive a sum of Rs. 3000/- per month from February 2006 from the respondent-husband.