Manmeet Singh v. Gurpreet Kaur

Hon'ble Mr. Justice L.N. Mittal Present : Mr. Jagat Singh, Advocate, for the petitioner Mr. Rajesh Arora, Advocate, for the respondent L.N. Mittal, J. (Oral) Manmeet Singh has filed this revision petition under Article 227 of the Constitution of India challenging order dated 14.3.2009 (Annexure P/1) passed by learned Additional District Judge, Gurgaon on application under section 24 of the Hindu Marriage Act, 1955 (in short, the Act) moved by respondent Gurpreet Kaur and thereby directing the petitioner herein to pay to respondent herein Rs 5000/- per month as maintenance pendente-lite from the date of filing of petition and Rs 5000/- as litigation expenses. Respondent wife has filed divorce petition against husband petitioner. During the pendency of the divorce petition, the wife claimed maintenance pendente-lite and litigation expenses by filing application under section 24 of the Act. It was alleged that wife is temporarily employed and has no permanent source of income and that husband is running a business and earning more than Rs 50,000/- per month.

Civil Revision No. 2791 of 2009 -2- On the other hand, the respondent-husband in his reply alleged that the wife was earning Rs 19,183/- per month as salary income and she is, therefore, able to maintain herself whereas husband is earning Rs 5500/- per month only. I have heard learned counsel for the parties and perused the case file. Admittedly, the respondent-wife is employed and earning Rs 19,183/- per month. Consequently, it cannot be said that the wife is not able to maintain herself. As regards income of the husband, learned counsel for the respondent-wife vehemently contended that in the bio-data, the husband claimed his income to be Rs 40,000/- per month. However, on perusal of the bio-data as shown by learned counsel for the respondent himself, it transpired that the husband mentioned his income to be Rs 15,000/- to Rs 40,000/- approximately per month. Apparently, some exaggerated income is mentioned in matrimonial bio-data, but even if figure given in bio-data is taken to be correct, the income of the husband was not mentioned to be Rs 40,000/- per month but was mentioned to be ranging from Rs 15,000/- to Rs 40,000/-. The husband now claims that on account of recession, his income has decreased considerably.