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2008 Supreme(Del) 203

PRADEEP NANDRAJOG
Sudhir Diwan – Appellant
Versus
Tripta Diwan – Respondent


Advocates appeared
For Appellant/Petitioner/Plaintiff:Sanjiv Bahl, Adv. For Respondents/Defendant: S.K. Chaudhary, Adv.

JUDGMENT

Pradeep Nandrajog, J.

1. The petitioner is aggrieved by the order dated 14.2.2007 disposing of an application filed by the wife claiming maintenance under Section 24 of the Hindu Marriage Act. Rs. 10,000/- per month has been directed to be paid by the petitioner to his wife.

2. The wife is admittedly working as a stenographer in the District Courts and is drawing a gross monthly salary of Rs. 24,516/- as of November 2006. Deductions per month are Rs. 5,185/-. In other words the wife has a take home income of about Rs. 19,000/-.

3. Two children, a son and a daughter were born to the parties. The son was born on 17.2.1988. The daughter was born on 22.6.1994. Technically, the son being major, petitioner is entitled to urge that he is not responsible to pay any money for the upkeep of the son.

4. But I note that the son is still a student and his mother is spending money for his upkeep.

5. I would be expanding on this a little later.

6. With respect to the income of the husband, the Matrimonial Judge has recorded that the petitioner is not truthfully disclosing his income. I note that the petitioner took a stand that his gross annual income does not exceed Rs. 1.2 lacs. Disbel





















































































































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