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2017 Supreme(P&H) 2114

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
Hon’ble Mr. Justice M.M.S. Bedi
Hon’ble Mr. Justice Augustine George Masih
CM Nos. 16703-16704-CII of 2016, CM Nos. 4539-4540-16044-16045-17970-CII of 2017
IN/AND FAO-4895 of 2016
Shweta Talwar
v.
Ritesh Kumar Talwar
{Decided on 21/09/2017}

For the Petitioners:Mr. Trideep Pais & Mr. Munish Garg, Advocates.
For the Respondents:Mr. Prashant Mendiratta, Mr. Vikas Thakur and Mr. Vivek Singla, Advocates.

Maintenance Pendente Lite--Income of Husband--Income tax returns cannot be taken as the gospel truth.
Maintenance Pendente Lite—Relevant Factors--Income of both the spouses and the other property are relevant material in addition to the conduct of the parties and other circumstances of the case including the living standard.
.

Headnote:(A) Hindu Marriage Act, 1955, S.24--Maintenance Pendente Lite--Upper Middle Class--Husband was maintaining luxurious cars, living in posh locality and frequently going to high and clubs--This life style is of upper middle class if not rich--Income of husband taken as Rs. 2.5 lakhs per month--Amount of Rs. 25,000/- p.m. to wife as maintenance pendente lite upheld.
       (B) Hindu Marriage Act, 1955, S.24--Maintenance Pendente Lite--Conduct of Husband--Husband has transferred his assets in the name of his mother and sister without any explanation as to what he did with sale proceeds--In such circumstances income tax returns of husband cannot be relied upon.
       (C) Hindu Marriage Act, 1955, S.24--Maintenance Pendente Lite--Income of Husband--Income tax returns cannot be taken to be the gospel truth and thus, cannot be treated to be the basis for coming to a conclusion that the husband is not earning enough to pay the maintenance. (Para 15)
       (D) Hindu Marriage Act, 1955, S.24--Maintenance Pendente Lite--The amount of maintenance to be fixed for the wife should be such that she can live her reasonable and comfortable life considering her status and the lifestyle, which she is used to and had been enjoying with her husband--The court has also proceed to hold that the maintenance should be such that she does not feel handicapped in the prosecution of her case--However, the said amount should not be excessive or extortionate--The court has discretion in the matter to form an opinion on the basis of facts and circumstances of the case. (Para 11)
       (E) Hindu Marriage Act, 1955, S.24--Maintenance Pendente Lite—Relevant Factors--Income of both the spouses and the other property are relevant material in addition to the conduct of the parties and other circumstances of the case including the living standard. (Para 12)
       (F) Hindu Marriage Act, 1955, S.24--Maintenance Pendente Lite--Income of Husband--A person, who has approached the Court not with clean hands, cannot expect sympathy from the Court and rather draw an adverse inference against him about his income. (Para 15)
       (G) Hindu Marriage Act, 1955, S.24--Maintenance Pendente Lite--Income of Husband--The husband cannot shirk away from this responsibility of maintaining the wife and the minor daughter when it appears that he has not correctly disclosed his income and has, rather, tried to window dress the bank accounts in such a manner as to indicate and depict that he has meagre source of income. (Para 15)

JUDGMENT

Mr. Augustine George Masih, J.:- CM-16703-CII-2016 in FAO-4895-2016

Prayer in this application is for condonation of delay of 44 days in filing the main appeal.

Notice of the application was issued on 24.08.2016 but no reply to the same has been filed on behalf of the non-applicant/respondent.

For the reasons mentioned in the application, the same is allowed. Delay of 44 days in filing the appeal stands condoned.

CM-16704-CII-2016 in FAO-4895-2016

Notice in this application was issued on 24.08.2016 but no reply to the same has been filed.

For the reasons mentioned in the application, exemption is granted from filing certified/typed copies of Annexures P-1 to P-46 and the same are taken on record, subject to all just exceptions.

Application stands disposed of.

CM-4539-4540 CII-2017in FAO-4895-2016

Prayer in these applications is for exemption from filing certified/typed copies of Annexures P-47 to P-51 and to place on record the said annexures as additional evidence.

Notice in these applications was issued to the respondent on 06.03.2017 but no reply to these applications has been filed, rather, counsel for the non-applicant/respondent has not objected to the reference of the said documents made by the counsel for the applicant/appellant at the time of arguments. Therefore, we are satisfied that the said documents may be taken on record as additional evidence.

The applications stand allowed.

FAO-4895-2016 (O&M) & FAO-5366-2016 (O&M)

CM-17970-CII-2017 in FAO-4895-2016

Prayer in this application is for adducing additional evidence and to place on record Annexures A-55 to A-57.

Notice to the application to the counsel opposite. Counsel for the non-applicant/respondent accepts notice.

After considering the averments made in the applications, we are satisfied that the said documents may be taken on record as additional evidence.

The application stands allowed.

Exemption is granted from filing certified/typed copies of Annexures A-52 to A-54 and the same are taken on record, subject to all just exceptions.

Application stands disposed of.

CM-16045-CII-2017 IN FAO-4895-2016

Prayer in this application is for taking into consideration Annexures A-52 to A-54 as additional evidence.

Notice in this application was issued to the respondent on 01.08.2017 but no reply to this application has been filed, rather, counsel for the non-applicant/respondent has not objected to the reference of the said documents made by the counsel for the applicant/appellant at the time of arguments.

FAO-4895-2016 (O&M) & FAO-5366-2016 (O&M)

Therefore, we are satisfied that the said documents may be taken on record as additional evidence.

The application stands allowed.

FAO-4895-2016 & FAO-5366-2016

In a divorce petition filed under Section 13 of the Hindu Marriage Act (hereinafter referred to as ‘HMA’) by Ritesh Kumar Talwar (hereinafter referred to as ‘husband’), an application under Section 24 read with Section 26 of the HMA was filed by Shweta Talwar (herein referred to as ‘wife’) claiming therein maintenance pendente lite for herself and their 3 years 6 month’s minor daughter Mannat Talwar at the rate of Rs. 1,73,085/- per month as interim maintenance legal expenses and reimbursement of Rs. 1,27,000/- for the expenses incurred as salary for domestic help and dental expenses, which was partly allowed vide order dated 21.05.2016 passed by the District Judge, Family Court, Gurgaon, granting her maintenance pendente lite at the rate of Rs. 75,000/- per month, which includes Rs. 37,000/- per month being received by the wife pursuant to the order passed by the Court in a petition filed under the Protection of Women from Domestic Violence Act, 2005, out of which, Rs. 27,000/- has to be paid towards rent and Rs. 10,000/- towards the education expenses of the minor daughter.

2. Aggrieved by the said order, both wife and husband have preferred separate appeals i.e. FAO No. 4895 of 2016 and FAO No.5366 of 2016 respectively. Since the order impugned in both these appeals

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2017 Supreme(P&H) 2114

IN THE HIGH COURT OF PUNJAB AND HARYANA[DIVISION BENCH]BeforeHon’ble Mr. Justice M.M.S. BediHon’ble Mr. Justice Augustine George MasihCM Nos. 16703-16704-CII of 2016, CM Nos. 4539-4540-16044-16045-17970-CII of 2017 IN/AND FAO-4895 of 2016Shweta Talwarv.Ritesh Kumar Talwar{Decided on 21/09/2017}

Cases Referred (4)