Delhi High Court
Vinay Kumar vs Smt. Savita on 3 August, 2006
Author: S K Kaul
Bench: S K Kaul
JUDGMENT
Sanjay Kishan Kaul, J.
1. The petitioner-husband is aggrieved by the impugned order dated 09.12.2004 passed on an application of the respondent-wife under Section 24 of the Hindu Marriage Act, 1955.
2. The trial court considered the evidence on record including the testimonies recorded. The allegation made by the petitioner that the respondent was earning Rs 5,000/- per month from tuitions and stitching was found to have no basis. In fact during cross examination of PW2 in respect of his affidavit making this averment it was stated that the witness did not even remember that he had stated so. Thus the respondent was found to be without any income.
3. Insofar as the means of the petitioner are concerned, the allegation of the respondent was that he was earning Rs 50,000 per month. The petitioner was alleged to be running a business under the name and style of M/s Arihant Casting Private Limited. The trial court found that there were inconsistencies in the testimonies. The petitioner stated that he was employed in a factory at B-56, Mange Ram Park. The employer of the petitioner admitted in the witness box that he was an income tax assessed but could not produce any document to show that the petitioner was employed with him or that he was paying any salary to the petitioner. The trial court thus rightly found that the story of petitioner's employment with Mr. Munna Lal at a salary of Rs 2,000 per month was false and concocted set up only with the object of minimising the liability to pay maintenance.
4. The petitioner had also stated that he was living in a rented accommodation but admitted in the cross examination that he had no agreement with the landlord. There were inconsistencies between the testimonies of the witnesses even as to the floor where petitioner was residing. The petitioner professed poor financial conditions and the telephone bills were stated to be paid by the parents of the petitioner.
5. An important aspect about the financial ability of the petitioner is the admission of the petitioner that the business under the name and style of M/s Arihant Casting Private Limited was started by the petitioner alone with his brother. This truth however emerged only in cross examination as in his original deposition he had denied that he was concerned with the company. The petitioner kept on making contradictory pleas including about his shares in the Company while at the same time admitting that he had no proof thereof. The conclusion reached by the trial court about the deliberate attempt of the petitioner to conceal his income is clearly borne out from the record. The best material was available with the petitioner but he failed to produce the same. The petitioner admitted in his cross examination that he had owned a property at Sawan Park, but failed to disclose as to what he did with that property. For the assessment year 1996-97, the petitioner has shown income from house property at Rs 19,425/- and for the assessment year 1998-99 the only value of the house property owned by him has been shown at Rs 60,000 and income from house property at Rs 12,156. There is no explanation where the income disappeared. A notice of disinheritance by the parents of the petitioner appeared in the newspaper in the year 1998 after the application for interim maintenance was filed.
6. The trial court thus making a margin for any exaggeration by the respondent- wife of the income of the petitioner at Rs 25,000/- directed the maintenance to be paid at Rs 12,000 per month.
7. Learned Counsel for the petitioner has not been able to point out any infirmity, patent error or erroneous exercise of jurisdiction by the trial court. It may also be noticed that there are huge outstandings due from the petitioner as the maintenance had to be paid from the date of the application.
8. There is no merit in the petition.
9. Dismissed.
CM No. 16385/2004
CM No. 10993/2005
CM No. 7133/2006
No directions are called for on these applications.
The applications stand disposed of.
