IN THE HIGH COURT OF DELHI
Gita Mittal And I.S.Mehta, JJ.
Shalu - Appellant
Versus
Sandeep Soni – Respondent
MAT.APP.(F.C.) 125 of 2014 & CM No. 17392 of 2014
Decided on : 3-02-2016
Maintenance - Hindu Marriage Act - 24 - [SUMMARY OF ACT SECTIONS REFERENCED: Section 24 of the Hindu Marriage Act, 1955] - The court allowed the appeal and awarded maintenance to the appellant-wife at the rate of Rs. 10,000 per month, along with litigation expenses and traveling costs. The court found that the husband had concealed his income and business, and made false allegations to defeat the wife's entitlement to maintenance. The court emphasized the obligation of the husband to maintain his wife and drew adverse inferences against the husband for suppressing material facts.
Fact of the Case:
The appellant-wife sought maintenance under Section 24 of the Hindu Marriage Act, 1955, claiming unemployment and lack of livelihood. The respondent-husband contested the claim, alleging that the wife was running a beauty parlour and earning income.
Finding of the Court:
The court found that the husband had concealed his income and business, and made false allegations to defeat the wife's entitlement to maintenance. The court emphasized the obligation of the husband to maintain his wife and drew adverse inferences against the husband for suppressing material facts.
Issues: The issues revolved around the appellant-wife's claim for maintenance, the husband's alleged concealment of income and business, and the truthfulness of the husband's allegations against the wife's employment.
Ratio Decidendi: The court emphasized the obligation of the husband to maintain his wife and drew adverse inferences against the husband for suppressing material facts. The court also highlighted the principle that a party in possession of the best evidence is bound to produce it, and failure to do so may result in adverse inferences.
Final Decision: The court allowed the appeal and awarded maintenance to the appellant-wife at the rate of Rs. 10,000 per month, along with litigation expenses and traveling costs.
Gita Mittal, J.
The present appeal has been filed assailing the order dated 22nd May, 2014 passed by the Principal Judge, Family Courts, Karkardooma Courts, Shahdara, Delhi dismissing the application of the appellant-wife under Section 24 of the Hindu Marriage Act, 1955 ('HMA' hereafter for brevity). We have heard learned counsel for the parties.
We have also perused the record of the trial court which has been placed before us.
2. The undisputed facts giving rise to the present petition are that both parties to the present appeal were divorcees at the time of their marriage on 27th June, 2010. The scale of the marriage can be discerned from the admitted fact that the marriage was performed at the Richi Rich Banquet Hall on the Ring Road, Shalimar Bagh, New Delhi.
3. The appellant-wife claims that on 16th August, 2010, she was thrown out of the matrimonial home. On 5th September, 2012, the respondent-husband filed a petition under Section 13(1)(ia) & (ib) of the HMA seeking dissolution of the marriage of the parties by a decree of divorce.
4. The appellant has filed a written statement contesting the claim of the respondent. Apart from the written statement, on 14th December, 2012, the appellant-wife filed a petition under Section 24 of the HMA seeking grant of maintenance pendente lite and litigation expenses on the plea that she was unemployed and without a source of livelihood.
5. This application was contested by the respondent-husband by a reply dated 5th March, 2013. In this reply, the respondent took a blanket plea that he was under depression and was 'dependent on his parents'. At the same time, he made a bald claim that the appellant wife was a trained beautician and running a beauty parlour and earning more than Rs. 15,000/- per month; that the wife had employed two trained beauticians, to whom she was paying Rs. 6,000/- per month and that she did not need any maintenance.
6. This reply was supported by an affidavit of the husband of the same date. In the first column under 'personal information', the respondent-husband had disclosed the particulars of past occupation as "helping hand with father". So far as members of the family dependent on him is concerned, the respondent stated that "there are three members in the family of father and all are dependent upon the father of the petitioner who is hardly earning Rs.7,000/- per month". The respondent-husband admitted that he was residing in the "house of the mother" and maintaining a landline telephone no. "65391487". The respondent-husband also admitted that his father was doing the "work of printing".
7. In the affidavit of income, assets and liabilities dated 28th May, 2013 (and notarized on 19th August, 2013) filed by her, the appellant wife had staunchly disputed the assertion that she was running a beauty parlour. She disclosed that she was residing with her parents and married brother at 312/22, Durga Colony, Near Sonipat Stand, Rohtak (Haryana). The affidavit contained an unequivocal declaration that she was not employed and was not earning any amount. The appellant-wife had also disclosed that though she was a graduate but she had never been employed and that she had neither any independent source of income nor was having any assets in her name and that her parents were bearing all her expenses. These assertions were additionally supported in her additional affidavit dated 16th May, 2013.
8. In yet another affidavit dated 20th January, 2014 filed by the appellant-wife, she had disclosed the following :-
"3. That as per the knowledge and information the petitioner is running a business of printing press and publication house at Shahdara Delhi. He is owner of movable and immovable properties and has given some property on rent also, the detail of the same are not in the possession of the deponent. But the reference of the said properties has been mentioned in para 6 and 7 of the affidavit by way of evidence dated 29.01.2013 filed by the father of the petitioner
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