Subhash Chander Chugh vs Smt. Anita @ Komal
1998 Latest Caselaw 953 Del

Citation : 1998 Latest Caselaw 953 Del
Judgement Date : 28 October, 1998

Delhi High Court

Subhash Chander Chugh vs Smt. Anita @ Komal on 28 October, 1998

Equivalent citations: 1999 IAD Delhi 737, 77 (1999) DLT 176, I (1999) DMC 247

Author: M Mudgal

Bench: M Mudgal

JUDGMENT

Mukul Mudgal, J.

1. The impugned order of the learned District Judge, Delhi was passed under Section 24 of the Hindu Marriage Act (hereinafter referred to as the HMA) awarding maintenance pendente lite. The petitioner-wife claimed maintenance @ Rs. 1,000/- per month for herself and her child and Rs. 2,200/- towards litigation expenses. The Trial Court came to a finding that the respondent was working with his father in the business of supplying building material and that the business was carried on through a truck owned by them. The learned District Judge came to a finding that there was no evi-

dence that the truck was sold for Rs. 25,000/- or whether it was sold at all. This is one of the grievance raised by the petitioner in the revision petition. However, in my view this is not relevant because whether or not the truck was sold, this has no material bearing on the issue at hand.

2. The learned District Judge assessed the income of the petitionerhusband at Rs. 1,500/- per month and directed the payment of Rs. 400/- permonth for the respondent-wife and Rs. 250/- per month for the minor child. The litigation expenses were awarded at Rs. 800/-.

3. In my view, the revision petition fails to disclose any cogent ground for taking a view different from the one taken by the learned District Judge. The order passed not discretionary in character as the learned District Judge has given good reasons in support of the interim order passed . The main grievance of the petitioner is that the wife's income which is said to be Rs. 500/- per month has not been considered by the Trial Court. It appears that petitioner had not brought anything on record to support his plea that the wife's income is Rs. 500/-. Even otherwise, the revision petition is devoid of merit. Furthermore, the. PA petitioner's conduct is unbecoming as he has branded the child who was awarded maintenance to be illegitimate. In this view of the matter there is no merit in the revision petition and it fails and it is accordingly dismissed. There will be no order as to costs.

4. Revision Petition dismissed.