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1 - 7 of 7 (1.85 seconds)Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010
7. Citing all this, it is contended by ld. Counsel for nonapplicant that the
applicant does not deserve any maintenance. Ld. Counsel relied upon
a case tilted as "Sanjay Bhardwaj & Ors. Vs. State & Anr. 171 (2010)
DLT 644". Both of parties i.e. husband as well as wife were employed.
Both were holding MBA degrees. In such a circumstance, it was held
by our own High Court that fixing of maintainance by the court
without there being proof of husband being employed in India, was
contrary to law.
Sh. Sudhir Diwan vs Smt. Tripta Diwan And Anr. on 18 February, 2008
15.At the same time, it is argued by ld. Counsel for applicant that the
nonapplicant was sharing the income from those properties and
business, may same are properties / business of joint family. As per
her, the court is bound to consider even the income from the joint
family business. Moreover, as per ld. Counsel, petitioner has
deliberately not disclosed his income and hence anadverse inference
should be drawn against him. Ld. Counsel referred a case titled as
"Sh. Sudhir Diwan Vs. Smt. Tripta Diwan & Anr., 147 (2008) Delhi
Law Times 756", where it was mandated by our High Court speaking
through Hon'ble Justice Pradeep Nandrajog that where a party does
not truthfully disclose his income, the element of conjuncture and
guess work has to be inevitably enter in the decision making process.
Smt. Neelam Molhotra vs Rajinder Malhotra And Others on 6 July, 1993
2."Neelam Malhotra Vs. Rajinder Malhotra, AIR 1994 Delhi 234"
The income from common business of the family can be taken into
consideration for the purpose of determination of social status as well
as for fixing the quantum of interim maintenance.
The Code of Civil Procedure, 1908
Section 13 in The Hindu Marriage Act, 1955 [Entire Act]
Harminder Kaur vs Harvinder Singh Baweja on 18 August, 2005
1. "Harminder Kaur Vs Harvinder Singh Baweja 123 (2005) Delhi
Law Times 311" "Needless to say that while disposing of an
application under section 24 of The HMA the court has only to take a
prima facie view regarding the income and expenditure of the
parties and has to fix the maintenance depending upon the status,
family background qualifications and social circle, etc."
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