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2011 DIGILAW 1125 (HP)

Pushpa Devi v. Ashok Kumar

2011-03-09

DEV DARSHAN SUD

body2011
JUDGMENT Dev Darshan Sud, J This application has been instituted by the wife-appellant under the provisions of Section 24 of the Hindu Marriage Act claiming that the income of the respondent is more than 15,000/- per month and seeks maintenance allowance for a sum of ` 6,000/- per month for sustenance herself and her minor children and a sum of ` 25,000/- as litigation expenses. 2. The petition for divorce of the husband-respondent, on two allegations that his wife had treated him with cruelty and she has deserted the petitioner, was allowed by the learned trial Court on 14th September, 2010 and a decree of divorce for dissolution of marriage was granted. 3. The judgment has been challenged in appeal before this Court. The allegation made in this application is that she is not being maintained. In reply to the application, the husband-respondent submits that he is working as Salesman in District Dairy at Nahan where he is earning only ` 2500/- per month. The applicant has been granted ` 700/- per month as maintenance in proceedings under Section 125 of the Cr.P.C. and that the demand is unjustified. This Court had granted the respondent a number of opportunities to produce evidence to show as to how much he was earning. Despite repeated opportunities, no proof has been filed by him. The plea of the respondent that he is earning only ` 2500/- per month cannot be accepted because even the daily wagers are getting more money. In these circumstances, this Court has no option but to accept the plea of the applicant. It is accordingly directed that the respondent shall pay an additional sum of 1500/- per month to his wife for her maintenance w.e.f. 1st April, 2011. Application stands disposed of.