Rashmikumari alias Reshmi Ranu v. Shri Anil Kumar

1. The present appeal is directed against an order of the Family Court dated 23.07.2013 whereby the appellant^wife's application under Section 24 of the Hindu Marriage Act, 1955 (HMA) was allowed and the respondent/husband was directed to pay ?4,000/- as 2013:DHC:7109-DB V s maintenance pendente lite. The wife is aggrieved bythe maintenance amount fixed which she terms asgrossly inadequate.

2. Briefly, the parties to thepresent proceedings were married; the respondenVhusband filed divorce petition seeking dissolution of their marriage. During pendency of the proceedings, the wife moved an application under Section 24 of the HMA, claiming that since the husband was working in a senior position at HCL in Noida and earning ?40,000/- per month, the maintenance amount ought to be fixed at ^20,000/- per month and litigation amount ought to be ^15,000/-. The husband's plea was that although hehad for some time worked with HCL COMNET Ltd., nevertheless, by the time the application was decided, he had been made to resign with effect from 21.09.2012. TheTrial Court appears to have accepted the statement of the respondent/husband facially and proceeded to accept his explanation that he had no present source of employment. Yet it determined that the husband was earning no less than ?25,000/- per month even after having assessed his true income at ?29,000/- per month. Consequently, the wife's maintenance application was allowed to the extent of?4,000/- per month.

3. Learned counsel for the respondent/husband, during the course of hearing, submitted that even though no proof of resignation was adduced before the Trial Court, that fact cannot be controverted. He also submitted that since the husband was taken in police custody as a result of complaint for his having committed the offences punishable under Sections 498A/406 IPC, he was compelled to resign from his previous employment.

4. This Court had the benefit of considering the Trial Court records and hearing the learned counsel for the parties. The husband had conceded to earning about ?40,000/- per month prior to the crucial date, i.e. 21.09.2012. He appears to have file Income Tax Return (ITR) for the period 2012-13 before the Court in proceedings under the Prevention of Womenfrom Domestic Violence Act, 2005 in which the total emoluments disclosed were ?3,23,136.55/-. After deducting the exemptions, the gross total income was disclosed as ?2,73,458.05/-. The further deductions included contributions to the Employees' Provident Fund, payment towards the Life Insurance Corporation of India (^46,728/-) and the contribution towards the ULIP, ?20,000/-. It is evident, therefore, that the emoluments of the respondent/husband were to the tune of ?3,23,136.55/- even as on 31.03.2012. Having regard to these facts and the further circumstance that the husband was unable to substantiate his plea of having no source of income and having resigned from the HCL COMNET Ltd., this Court is of the opinion that the amount of maintenance fixed in the present case was inadequate. In substitution of the Family Court's order, the maintenance of the amount is hereby fixed at ?10,000/- per month which shall be borne in accordance with the directions of the Trial Court. The arrears of maintenance so fixed shall be paid by the husband in four equated instalments on or before 31.03.2014. The respondent/husband is further directed to ensure that the sum of ?10,000/- is paid to the appellant/wife on or before the seventh of each succeeding calendar month and preferably deposited in the nominated savings bank account, the particulars of which shall be disclosed to the respondent/husband's counsel within the next three days. The Trial Court shall ensure that the present directions are duly complied with, even while proceeding with the trial. The records of Trial Court shall hereby be returned. The costs for these proceedings areassessed at?15,000/- tobe borne bytherespondent/husband.

5. The appeal and pending application are allowed in the above terms.

S. RAVINDRA BHAT, J

I^AZIRI, J DECEMBER 16,2013 'ajk'