Punjab-Haryana High Court
Smt. Preeti Jain Dalal vs Dr. Deepak Jain on 20 December, 2001
Author: Bakhshish Kaur
Bench: Bakhshish Kaur
JUDGMENT Bakhshish Kaur, J.
1. This is an application under Section 24 of the Hindu marriage Act (hereinafter referred to as 'the Act') for the grant of maintenance pendente lite as well as litigation expenses.
2. Smt. Preeti Jain Dalal was married to Dr. Deepak Jain on May 12, 1997 in accordance with the Hindu rites. The marriage was not consummated as the respondent being impotent. Therefore, the petitioner filed petition under Section 12(1)(a) of the Act for annulment of the marriage. The parents of the petitioner spent Rs.2,50,000/- on the marriage. The respondent had also pressurized the petitioner to transfer her parents' house in his name. In this way, she was subjected to physical and mental cruelty. The petition was dismissed by the Learned Additional District Judge, Faridkot Therefore, the petitioner has filed the appeal which is pending, in this Court and during the pendency of this appeal, the present application has been filed.
3. The respondent is a doctor by profession. Earlier he was employed as Sr. Medical Officer at All India Institute of Medical Science, New Delhi. Presently, he is drawing Rs.18,000/- per month. The petitioner was allowed maintenance at the rate of Rs.3,000/- per month besides Rs.5,000/- as litigation expenses vide order dated 9th January. 1998. The respondent failed to pay the amount awarded by the learned Additional District Judge, therefore, she has filed execution application for the recovery of arrears also. He paid the amount of arrears of maintenance only with effect from August 27, 1997 to October 27, 1998 i.e. for one year and 2 months and thereafter, nothing was paid to her. the applicant in her subsequent application C.M. No. 93-M of 2001 has averred that presently ihe respondent is getting Rs.50.000/- per month as he is working as Nephrologist in Sam Lok Hospital, New Delhi.
4. Resppndent has not filed reply to this application. He was proceeded ex parte before the trial Court though the respondent had been appearing through his counsel in these proceedings. Efforts were also made to bring about re-conciliation between the parties. Respondent was also directed to appear in person, but he failed to appear.
5. Though the conduct of the respondent is not to be looked into for the purpose of deciding the application under Section 24 of the Act, but it is also to be kept in view that he has not cared to controvert the averments contained in the application whereby the applicant has specifically mentioned that earlier respondent was earning Rs.10,000/-per month when the maintenance was awarded to the applicant, but now he is earning Rs.50,000/-. He is a doctor by profession and working as nephrologist in AIIMS and now., Sant Lok Hospital, New Delhi. Thus, the averments made in the application supported by an affidavit of the applicant, cannot be summarily ignored.
6. The amount of maintenance pendente lite awarded to the petitioner to the tune of Rs.3,000/- per month, as compared to the monthly income of the petitioner is too meagre. The same is liable to be enhanced keeping in view the spiralling prices of necessities of life. Presently, the respondent is working as nephrologist at Sant Lok Hospital, New Delhi and is getting Rs.50,000/- per month. Therefore, the petitioner is entitled to enhanced amount of maintenance pendente lite and litigation expenses. In Jasbir Kaur v. District Judge, Dehradun, A.I.R. 1997 S.C. 3397 it has been held that the amount of maintenance payable to the wife should be such that she can live in reasonable comfort considering her mode of life which she used to live with her husband and also that she does not feel handicapped in the prosecution of her case.
7. Though no such fixed formula can be laid down for fixing the amount of maintenance, it is a case where non consummation of marriage has been alleged by the appellant, still she is entitled to the maintenance and litigation expenses.
8. For the reasons stated above, this application is allowed. Applicant is allowed maintenance pendente lite at the rate of Rs.6,000/- per month from the date of applica tion and litigation expenses to the tune of Rs.20,000/-. The respondent is directed to make the payment within one month.