Radhika Dhir & Anr. vs Lt. Col. J.C. Dhir (Retd.)
2000 Latest Caselaw 556 Del

ORDER

Mukul Mudgal, J.

1. This is a suit for maintenance filed by the two unmarried daughters against their father, a retired Army Officer. The father and mother of the two plaintiffs are not staying together and the plaintiffs are staying with their mother. In an Order passed by this Court in S.No. 906/97, this Court has restrained the defendant from entering the residence of the plaintiffs and their mother. The plaintiffs have averred that they or their mother does not have any movable or immovable property and the plaintiffs have averred that besides 5 items of immovable property detailed by them in their application the defendant has income of Rs. 10,000/- per month from investments and the pension of about Rs. 7,500/- per month.

2. During the course of the pendency of this matter, the parties were required to file their affidavit of income and the affidavits of income of both the parties have been filed. From the affidavit of the plaintiffs' mother it is seen that the income of the plaintiffs' mother is at present Rs.8,000/- per month and the defendant as per his affidavit is having an income of Rs.86,625/- per annum and it is further seen that the defendant has immovable properties though he has denied the fact that the immovable properties are earning any income. The mother of the plaintiffs has stated that the daughters/plaintiffs stay with her and she is staying in a rented house at Masjid Moth for which she is paying the rent of Rs.4,000/- per month and the rent receipt to that effect has been filed. The plaintiffs have contended that they are students and the 1st plaintiff is an under graduate student and the second plaintiff is a school student.

3. The plaintiffs' mother basic salary is Rs.3,700/-, house rent allowance of Rs.2,300/- and Conveyance Allowance of Rs.2,000/-. The defendant inter-alia while denying any income from the immovable property has further stated that he does not have any income from the godown at Chandigarh or the Shop in Palam Vypar Kendra, Palam Vihar, Gurgaon for which the possession has not been taken. He has also contended that the first plaintiff is earning a lot of money by modeling assignments. However, there is no detail given of the modeling income. In fact the first plaintiffs' case is that she had modelled in a show in her educational institute but that did not generate any income. I am thus satisfied that the defendant has not been able to prove any income on the basis of modeling by any of the plaintiffs. Since the plaintiff No.1 is in the second year of her undergraduate course and is also studying in a polytechnic and the second plaintiff is a school student the defendant's averment that she was working cannot be believed especially when no details are given. The requisite bills for the fees of the two plaintiffs have been filed alongwith the affidavit of their mother.

4. Considering the respective incomes of the parties and considering the fact that the plaintiffs' mother is earning a monthly income of Rs.8,000/-

out of which Rs.4,000/- is being paid as rent and considering the fact that the plaintiffs are two unmarried daughters who stay with their mother who has to incur expenses for their upkeep and education, I am satisfied that the interest of justice would warrant that an interim maintenance ofRs.1,500/- per month should be granted to each of the plaintiffs payable from the date of filing of this application. The arrears of this maintenance amount be paid within three months from today. The defendant shall also pay the interim maintenance amount of Rs.1,500/- per month to each of the plaintiffs on or before the 7th of each month and the plaintiffs have also entitled to a sum of Rs.5,000/- towards litigation expenses.

5. The application is thus disposed of accordingly.