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2007 Supreme(Del) 774

High Court Of Delhi
Pradeep Nandrajog
ALOK KUMAR JAIN - Appellant
Versus
PURNIMA JAIN - Respondents
CM (M) 367 Of 2007
Decided On : 04/17/2007

Advocates Appeared:
ANSHU MAHAJAN, Harish Malhotra, SANDEEP SETHI, TANUJ KHURANA

Headnote:Hindu Marriage Act, 1956

       Section 24 - Claim of maintenance — Wife withdrawing approx. Rs. 56 lacs from the joint account with the husband — No explanation for the amount of Rs. 36 lacs withdrawn from this account — Allegation that this amount was re-invested by wife and she was having sufficient income therefrom — Award of maintenance with calling upon wife to explain this aspect — Impugned order set aside and matter remanded to matrimonial court for re-hearing and disposal in accordance with law.


PRADEEP NANDRAJOG, J.

( 1 ) ALOK Kumar Jain was married to Ms. Purnima Jain at New Delh. They were blessed with 2 daughters.

( 2 ) ALOK Kumar Jain was employed as a Senior Manager with Engineers india Ltd. Unfortunately for the couple their daughter, Radhika, suffered from severe hearing loss of both ears. The couple spent considerable money on her treatment. In the year 2000, Alok Kumar Jain, in consultation with his wife, decided that if he took up employment in Abu Dhabi he could enhance his monetary prospects. He tendered his resignation. He received rs. 27 lacs as terminal benefits from Engineers India Ltd. The money was deposited in a joint account operated by the husband and the wife. The husband took up employment in Abu Dhab. Unfortunately, the couple separated. The 2 daughters are with the mother.

( 3 ) THE wife filed a petition for divorce under Section 13 (l) (i) (a) of the hindu Marriage Act. She filed an application under Section 24 of the Hindu marriage Act praying that she be granted interim maintenance @rs. 2 lacs per month. She also prayed that the husband should pay to her Rs. 11 lacs for treatment of their daughter Baby Radhika.

( 4 ) TO sustain the claim she averred that her husband was earning approximately Rs. 7 lacs per month in Abu Dhab. That he was being provided an accommodation free of cost by the employer.

( 5 ) IN the reply, husband stated that over the last 3 years, the wife had withdrawn approximately Rs. 56 lacs from the joint accounts maintained by the couple. That she had exaggerated the income of the husband. That his monthly income was Rs. 2. 11 lacs. That out of Rs. 56 lacs withdrawn by the wife, she had made investments, details whereof was not disclosed to the husband. Not denying his liability to maintain the wife and the 2 daughters, it was stated by Alok Kumar Jain that the wife was having sufficient funds, interest income wherefrom was sufficient to sustain the monthly expenses of the family.

( 6 ) BY a cryptic order, without calling upon the wife to explain how she had spent Rs. 56 lacs which was withdrawn by her from the joint accounts, learned Matrimonial Judge has directed the husband to pay maintenance of Rs. 20,000/- per month for the benefit of the 2 minor daughters with effect from the date of the application.

( 7 ) IN respect of the claim of the wife that Rs. 11 lacs be paid for medical treatment of the daughter Baby Radhika, learned Judge has opined that issue would be decided when the wife produces details of the likely expenses supported with the opinion of renowned surgeon.

( 8 ) IMPUGNED order dated 13,2. 2007 has been challenged by the husband inter alia on the ground that the learned Judge has ignored that the wife had not accounted for Rs. 56 lacs withdrawn by her from the joint accounts maintained by the husband and the wife.

( 9 ) SINCE I am remanding the matter for fresh adjudication, lest prejudice is caused to either party, I refrain from discussing the plethora of precedents cited at the Bar by learned counsel for, the parties.

( 10 ) LAW under Section 24 of the Hindu Marriage Act is well crystallized. From the judicial precedents, factors which can be culled out as required to be kept in mind while awarding interim maintenance are as under:-

(i) Status of the parties, (ii) Reasonable wants of the claimant, (iii) The income and property of the claimant, (iv) Number of persofts to be maintained by the husband, (v) Liabilities, if any, of the husband, (vi) The amount required by the wife to live a similar life style as she enjoyed in the matrimonial home keeping in view food, clothing, shelter, educational and medical needs of the wife and the children, if any, residing with the wife and (vii) Payment capacity of the husband.

( 11 ) FURTHER, where it is noted that the respective spouses have not come out with a truthful version of their income, some guesswork has to be resorted to by the Court while forming an opinion as to what could possibly be the in






















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