ROUDRA ROHIT MALLICK Vs. ROHINI DAS MALLICK

JUDGEMENT

(1.) The petitioner-husband is aggrieved of order dated 28.05.2016 passed on an application filed under Section 24 of the Hindu Marriage Act, 1955 in Matrimonial Title Suit No. 232 of 2015 by which he has been directed to pay Rs. 20,000/- per month as maintenance pendente-lite.

(2.) Marriage of the petitioner with the respondent was solemnised on 15.05.2014 at Ranchi. After the marriage the couple went to Bengaluru where the petitioner was working as Senior Software Engineer at WIPRO Ltd., Bengaluru. The petitioner has asserted that after his return from Jakarta during which period the respondent was pursuing her studies at Amity University, Noida, the couple started living separately from 25.04.2015 and on 15.05.2015 he left for the United States of America where he was sent by the employer-WIPRO Ltd. The respondent, however, has pleaded that without informing her, her husband and in-laws left her at Bengaluru leaving her in lurch. On 27.05.2015 the respondent filed an application under Section 125 Cr.P.C. seeking Rs. 30,000/- as monthly maintenance and thereafter, Matrimonial Title Suit No. 232 of 2015 was instituted by the petitioner for a decree for dissolution of marriage by a decree of divorce. In this matrimonial suit the respondent filed an application under Section 24 of Hindu Marriage Act, 1955 for payment of Rs. 30,000/- as interim-maintenance during pendency of the suit. Responding to this application the petitioner filed a petition on 16.03.2016 for direction upon the respondent to disclose her basic salary and other income details, profit from immovable properties, insurance, shares, mutual funds etc. The respondent-wife filed rejoinder dated 25.05.2016 disclosing details of her salary income and her requirements for maintaining herself with dignity and status. The respondent-wife has asserted that she needs something around Rs. 56,000-60,000/- per month as interim-maintenance. The trial judge, after taking note of employment of the petitioner and affidavits filed by the parties, has directed the petitioner to pay Rs. 20,000/- per month as interim-maintenance from 31.08.2015 i.e. date of filing of the application under Section 24 of Hindu Marriage Act, 1955.

(3.) Plea raised on behalf of the petitioner is that once the respondent-wife has admitted that she has independent source of income, the question of interim-maintenance has to be examined in the context of her independent source of income and whether her income is sufficient in the ordinary course to maintain herself and not at her desire. Mr. Indrajit Sinha, the learned counsel for the petitioner submits that the impugned order dated 28.05.2016 proceeds on the basis of respondent's affidavit dated 25.05.2016 in which she has sought interim-maintenance for Rs. 56,000-60,000/- per month.