(June 1, 2001) 2001 (TLS)125071

2001-DLT-92-394 :: 2001-AD (Del)-5-1037

TILAK KUMARI Vs. ANAND

A. K. Sikri

( 1 ) PETITIONER No. 1 is wife of the respondent and petitioner No. 2 is his daughter. Both mother and daughter have filed this petition under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act wherein it is prayed that decree for maintenance at the rate of Rs. 9,000. 00 per month w. e. f. 1/04/2000 together with pendente lite and future interest at the rate of 18 percent per annum till the date of payment be passed. Alongwith this petition, I. A. No. 6977/2000 is filed for fixing interim maintenance for grant of interim maintenance at the rate of Rs. 9,000. 00 per month.

( 2 ) FOR purpose of fixing interim maintenance detailed averments as mentioned in the petition or in the written statement filed by the respondent need not be stated. Suffice is to state that the petitioner No. 1 is legally wedded wife of the respondent. Both are residing separately. Petitioner No. 2 is the daughter of petitioner No. 1 and respondent who was bom out of the wedlock on 9/11/1987. She is a minor girl. She stays with her mother. It is the case of the petitioners that petitioner No. 1 was turned out of the matrimonial home on 20/07/1993. It is denied by the respondent. Admittedly, the petitioners are not residing with the respondent and living separately. The respondent had filed the divorce petition on 28/07/1993 against the petitioner No. 1 which was dismissed by Shri M. C. Garg, ADJ Delhi vide judgment dated 30/03/2000. In para 4 of the petition, it is mentioned that the petitioner No. 1 is working as LDC in Government of India and her monthly gross salary is Rs. 7,100. 00 approx. and carry home salary is Rs. 5. 200. 00 approx. In reply to this para, the respondent has simply stated that he does not admit the correctness of the facts and averments made in this para require proof by the relevant documents from the office of the petitioner No. 1.

( 3 ) INSOFAR as income of the respondent is concerned, it is stated in the petition that the respondent is having rental income, salary from Indian Oil Corporation where he is employed as Hindi Steno, self lease for a flat from Indian Oil Corporation, income from shares etc. The total income of the respondent from all sources is stated to be Rs. 40. 000. 00 per month. However, this is denied by the respondent. The respondent was directed to place on record the details of emoluments received by him including deductions as contained in Form 16 issued by his employer. The respondent has placed on record the said Form as per which the gross annual salary is Rs. 1,75,255. 00. After deductions it comes to Rs. 1,67,070. 00 on which payable tax is Rs. 20,585. 00. Thus income after payment of tax is Rs. 1,46,485. 00 which would come to Rs. 12,000. 00 p. m. approx. As already mentioned above, in para 6 of the petition, petitioners have stated about the income of the respondent from other sources. In reply there is no express denial of the income from other sources. The only specific denial is about the shares of Indian Oil Corporation in possession of the respondent and that he does not get any dividend out of any shares. It is not denied that the respondent is getting rental income of Rs. 3,000. 00p. m. Insofar as lease money being received from the employer is concerned, that is already included in the gross salary as shown in Form 16. In view of there being not denial about the rental income of Rs. 3,000. 00 this can be safely added to the salary income of the respondent. Thus it can be conveniently concluded that the monthly income of the respondent is in the region of Rs. 15,000. 00.

( 4 ) IT appears that no person is depended upon the respondent inasmuch as there is a specific averment made by the petitioners in the petition that parents of the respondent are not depended on him which is not denied by the respondent in reply. The respondent has further admitted his obligation t