Shri Sanjay Kapoor vs Smt. Meenakshi
2004 Latest Caselaw 215 Del

JUDGMENT

Vikramajit Sen, J.

1. This Revision petition has been filed against the Orders of Additional District Judge passed on 24.1.2001 whereby interim maintenance was granted to the Respondent/Wife for herself and for the child of the parties hereto. The contention of the learned counsel for the Husband is that this amount is too excessive as his income is only Rs. 10,000/- per month. The learned Additional District Judge has disbelieved this on the grounds that Rs.5,500/- was being paid on rent by the Husband and held that the Husband is the owner of a plot in Bhai Parmnand Colony, Delhi. The Court had also taken into account the existence of three Fixed Deposit Receipts taken out by the Husband as well as a Maruti Zen and a Mobile phone being used by the Husband. In these circumstances the learned ADJ has assessed the income of the Petitioner/Husband at Rs. 25,000/-. It had also been observed that the Wife was not working and has granted interim maintenance at the rate of Rs. 10,000/- per month for the Wife and their minor child together with litigation expenses of Rs. 11,000/-. There is no reason for me to prefer any other view at this stage of the proceedings. In any event Orders passed under Section 24 of the Hindu Marriage Act are essentially interim and interlocutory in nature and hence not revisable after the amendment in the Code of Civil Procedure and pronouncement of the Judgment of the Hon'ble Supreme Court in Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers and others, . Even on merits the learned Additional District Judge has not exercised jurisdiction illegally or with material irregularity.

2. The Revision petition is dismissed accordingly.