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2022 DIGILAW 1317 (ALL)

Meera Singh v. Sandeep Kumar Singh

2022-08-18

OM PRAKASH SHUKLA, SUNITA AGARWAL

body2022
JUDGMENT : 1. Short counter affidavit filed today is taken on record. 2. Having perused the short counter affidavit filed today by the respondent-husband, it is evident that the respondent is a man of well means. Though it is disclosed in para 27' of the affidavit that the annual income of the respondent-husband is not more than Rs.2,26,800/- out of agricultural operations but it is admitted that the respondent-husband has taken a housing loan of Rs.20 lacs and odd from the State Bank of India in the year 2019 and is making payment of monthly instalment of Rs.19,866/- from the year 2019 onwards. 3. It is also stated that in the PPF (Public Provident Fund) account, the balance as on 03.08.2022 is only Rs.2,99,730/-. As per the statement in para 27', the agricultural annual income for the year 2022-23 was disclosed as Rs.2,26,800/- and the income from other sources as Rs.70,450/-per annum. However, it is not disclosed as to what is the other source of income of the respondent-husband. 4. It is relevant to note that the bank account statement of the respondent namely Saving Bank Account shows frequent cash deposits of Rs.25,000/-, Rs.30,000/-, Rs.20,000/-, Rs.70,000/- since the year 2018 onwards and the balance of each year is not less than Rs.1,00,000/-. Thus, the averments made by the learned counsel for the respondent that the respondent has no sufficient income to maintain his wife is not acceptable. 5. The disclosure of income in paragraph 27' of the affidavit is incorrect, inasmuch as, for the annual income of a person being around Rs.3,00,000/-, it cannot be accepted that the bank would sanction a housing loan of more than Rs.20 lacs in the year 2019 without any collateral security as, according to the respondent, he has no other business nor any asset. 6. We may further record that in the bank account statement of the year 2018, a credit of Rs.3,75,338/- had been received on 12.11.2018 and the said amount was transferred on the same day through a cheque to the Jay Kishan HP Petrol Pump. The debited amount in the entry dated 12.11.2018 is about Rs.3,75,029/-. 7. The contention of the respondent that he has no other source of income apart from the agricultural income is proved wrong from his own averments in the affidavit as also from a perusal of the bank statement. 8. The debited amount in the entry dated 12.11.2018 is about Rs.3,75,029/-. 7. The contention of the respondent that he has no other source of income apart from the agricultural income is proved wrong from his own averments in the affidavit as also from a perusal of the bank statement. 8. The crux of the matter is that the respondent herein has not come with clean hands before this Court to disclose the annual income in an effort to deny reasonable amount of interim maintenance to the appellant-wife who is living alone since the year 2017. 9. We may further record that Rs.3,500/- has been determined on 22.12.2021 as an allowance for dwelling unit to the appellant-wife which has also not been paid to her by the respondent-husband on the ground that the account number has not been provided by the appellant-wife and further that she is residing in the house of the parents of the respondent. 10. Having gone through the material on record, looking to the status of the respondent-husband who has resources enough to take a housing loan of Rs.20 lacs and odd and has a business in the nature of agricultural operations besides other source of income, which he has deliberately concealed from this Court, we find that the appellant-wife is entitled for a sum of Rs.25,000/-per month towards interim maintenance so that she may also be able to live according to the status of her husband, i.e. the respondent herein. 11. The interim maintenance amount, as determined today, shall be payable w.e.f. the date of filing of this appeal i.e. 06.03.2020. The monthly maintenance beginning from September, 2022 shall be transmitted in the saving bank account of the appellant-wife by 10th of each month. For the month of August, 2022, the monthly maintenance shall be transmitted on or before 31.08.2022. From September, 2022 onwards, there shall be no delay in transmitting the amount each month. 12. For the arrears from 06.03.2020 till July 2022, the entire payment has to be made in six equal instalments from September, 2022. The first instalment of arrears of interim maintenance shall be paid on or before 30th September, 2022 by transmitting the 1/6th equal share of total amount in the saving bank account of the appellant-wife. 12. For the arrears from 06.03.2020 till July 2022, the entire payment has to be made in six equal instalments from September, 2022. The first instalment of arrears of interim maintenance shall be paid on or before 30th September, 2022 by transmitting the 1/6th equal share of total amount in the saving bank account of the appellant-wife. Further instalment have to be paid by 31st December, 2022, 31st March, 2023, 30th June, 2023, 30th September, 2023 and the last payment will have to be made on 31st December, 2023. 13. Any default on the part of the respondent in making the above payment would amount to non compliance of this order. 14. List this case on 17.10.2022 in the additional cause list. 15. Compliance affidavit shall be filed on the next date fixed.