Jagdish Prasad Sharma vs Sangeeta Sharma
1987 Latest Caselaw 265 Del

JUDGMENT

M.K. Chawla, J.

(1) Shri Jagdish Prasad Sharma and his wife Smt. Sangeeta Sharma got married on 13-2-1985 according to Hindu rites. The couple fell out after a few months of their marriage. The respondent wife started living with her parents. On 10-10-85. she filed an application under Section 125 of the Code of Criminal Procedure for the grant of maintenance. Along with the maintenance petition, she also filed an application for ad interim maintenance claiming a sum of Rs. 300-Rs. 400 per mensem during the pendency of the main petition. In the application, she alleged that for the last few months, she has been living separately from her husband. She is unemployed and has no other source of income. Her husband is employed in Pure Drinks Ltd. and is earning between Rs. 1500 to Rs. 2000 per mensern. He has not offered or sent any maintenance since the day she is living separately.

(2) The husband controverter the allegations and stated that she is not entitled to any maintenance because she has deserted him without any rhyme or reason. He also alleged that she is earning more than Rs. 500 per mensem by doing tailoring job. He, however, admitted his salary at Rs. 400 per mensem.

(3) After hearing the arguments, the Id. Metropolitan Magistrate held that the husband has not been able to bring any material on record to prove that his wife is earning more than Rs. 500 per mensem by doing tailoring job or that she has any other source of income. The Id. Metropolitan Magistrate did not agree with the oral assertions of the husband that his salary is Rs. 400 per mensem. He assessed the income of the husband at Rs. 900 by observing : "Even Clerk nowadays gets more than Rs. 800 per mensern. Therefore for the purpose of deciding the present application for interim maintenance, I treat, the income of the respondent as Rs. 900 per mensem."

'On that score, he allowed the ad interim maintenance at the rate of Rs. 300 p.m. to take effect from the dale of the order.

(4) Feeling aggrieved, Shri Jagdish Prasad Sharma filed an appeal which was heard and disposed of by Shri S.N. Kapoor, Addl. Sessions Judge, Delhi. The order of the Id. Metropolitan Magistrate was maintained.

(5) The husband has approached this Court by way of the present petition. The submission of the Id. counsel for the petitioner is that the Id. Addl. Sessions Judge did not take into consideration the contents of the salary certificate which was filed before the Court indicating that the petitioner was working as a time-clerk and was drawing a salary of Rs. 602 p.m. from M/s. Pure Drinks Ltd. In view of this documentary evidence the interim maintenance order is against the principles of equity and justice inasmuch as it is just not possible for the petitioner to pay a sum of Rs. 300 per mensem out of his salary. Along with this petition, the petitioner filed the copy of the salary certificate. The respondent wife sought time to verify the correctness of the said salary certificate. In spite of repeated adjournments, she has not been able to bring any material to falsify the contents of the said certificate.

(6) In this background, I have heard the arguments on the petition. I would have certainly agreed with the finding of the courts below in case the 'respondent wife bad been able to prove the salary certificate to be a false one. But as the things stand now, it is just not possible for the petitioner to shell out a sum of Rs. 300 per mensem out of his carry-home salary of Rs. 602-85p. 'The ends of justice, in my opinion, will be fully met if a sum of Rs. 225 per mensem is fixed as the interim maintenance to be paid by the petitioner to his. wife Smt. Sangeeta Sharma from the date of-the order of the Metropolitan Magistrate, daring the pendency of the proceedings under Section 125 Cr. P.C. Ordered accordingly. With this modification, the petition stands disposed of.

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