M No. 28/07
Sh. Neeraj Aggarwal – Petitioner
Vs.
Mrs. Veeka Aggarwal – Respondent
ORDER
1.. This is an order on application under Section 24 of Hindu Marriage Act
filed by the applicant/ wife, respondent in the main case (hereinafter referred
to as the applicant) against the non-applicant/ husband, petitioner in the main
case (hereinafter referred to as the non-applicant) for grant of maintenance
pendentelite and for litigation expenses.
2.. In the application it is stated that the applicant/ wife has no
independent source of income and she is not given any kind of maintenance by the
non-applicant/ husband to live her life properly and therefore she is facing
much hardship in the life. The non-applicant/ husband has flatly refused to
maintain her. The non-applicant/ husband is working in a private sector as a
Senior Software Engineer HPC in STM Microelectronics Pvt. Ltd., Plot No.1 A,
Knowledge Park-2 (near LG Gol Chakkar), Greater Noida and is earning about Rs.
80,000/-pm. He has no other liability and he is not discharging his
responsibilities towards the applicant/ wife with ulterior motives to harass and
humiliate the applicant/ wife. The applicant/ wife is the legally wedded wife of
the non-applicant/ husband and, thus, being a husband, he is bound to maintain
the applicant/ wife. The applicant/ wife is fully dependent on the mercy of her
parents, who are having other liabilities also and she has no independent source
of income to maintain herself. It is, therefore, prayed that the non-applicant/
husband be directed to pay a sum of Rs. 30,000/-pm as maintenance allowance
pendentelite to the applicant/ wife and expenses of proceedings.
3.. The application has been contested by the non-applicant/ husband, who in
his reply has stated that the applicant/wife is a well qualified graduate
Engineer in the field of information Technology and just after the marriage she
had joined the service of a private firm and was drawing a handsome salary as
initially she was taking Rs. 5000/-pm. Now-a-days she is competent and qualified
to earn thousands of rupees per month. She is a qualified trained engineer and
she is self stand financially in all respects. The non-applicant/ husband has
never neglected or refused to maintain her in any manner and she was duly
maintained during her stay in her matrimonial home. The non-applicant/ husband
is still ready and willing to provide financial assistance or maintenance if
required or needed by her for any purpose in any manner. It is not denied that
the non-applicant/ husband is also a qualified engineer and is employed in
Greater Noida, U.P. but the actual amount of monthly salary being drawn by him
is Rs. 45,000/-pm. It is stated that he has to maintain his retired father and
ailing, diabetic mother and old grandmother and also to treat his two married
sisters and to look-after his younger unmarried under-education sister of
marriageable age as his younger sister is doing B.Ed. from a regular college. He
is also paying loan premiums and other household expenses. The applicant/ wife
has herself deserted her matrimonial home without any threats or atrocities
caused to her by her in-laws and she is not returning to her matrimonial home
despite the petition for restitution of conjugal rights filed by the
non-applicant/ husband. It is stated that the non-applicant/ husband is publicly
and openly as well as warmly welcoming the applicant/ wife to her matrimonial
home but she has started demanding maintenance sitting in her parental home to
feed her greedy parents and selfish relatives instead of returning to her
matrimonial home and to assist the non-applicant/ husband and her other in-laws
in her matrimonial home at the time of need. It is stated that the conduct,
attitude and nature of the applicant/ wife is of such type that she is not
entitled for any maintenance. Further more, she has also filed a separate
petition U/s 125Cr. P.C. for maintenance only with a view to get the
non-applicant/ husband harassed in a criminal court. It is stated that the
applicant/ wife is not a helpless or poor lady and she is not incapable to
maintain herself as she is a well qualified engineer and is already an earning
hand. She is handing over all her income to her parents. She does not require
any monastery assistance from the non-applicant/ husband as she is already
having a good bank balance in State Bank of Bikaner & Jaipur at Rohini,
Sector-5,
also. She also has some immovable properties in her name. It is denied that she
requires Rs. 30,000/- as maintenance and other charges as prayed. It is,
therefore, prayed that the application be dismissed with heavy cost.
4.. I have heard the Ld. Counsel for both the parties and have carefully
perused the record.
5.. During the course of arguments it has not been denied by the Counsel for
the applicant/ wife that the applicant/ wife herself is an engineer graduate in
the field of Information Technology. Ld. Counsel for the applicant/ wife
submitted that the applicant/ wife submitted that the applicant/ wife joined the
job for some time after the marriage but thereafter due to the marital disputes
she is not in a position to pursue her job and has left the same. In her entire
application the applicant/ wife has no where stated that she is also an engineer
graduate in the field of Information Technology and that she also joined the job
after her marriage. Those seeking justice and equity from the Court must come to
the court with clean hands. It seems that for obvious reasons and to extract
money the applicant/ wife has not disclosed her true qualifications in the
Court. The applicant/ wife is an engineer graduate and, therefore, can very well
maintain herself and there is no need for her to depend upon the mercy of her
parents or on the non-applicant/ husband. The purpose of Section 24 of H.M. Act
is not to extract money from the other party and the court should not be a forum
to extract the money or to blackmail the other party. In II (2000) DMC 170
titled as Mamta Jaiswal Vs. Rajesh Jaiswal, the Hon’ble Madhya Pradesh High
Court has observed as under:-
“Section 24 – Pendente Lite Alimony : Purpose of Enactment : Not meant for
supporting idle (Qualified) spouses waiting for ‘Dole’ to be Awarded by her
husband – Section 24 has been enacted for purpose of providing monetary
assistance to such spouse who is incapable of supporting himself/ herself in
spite of sincere efforts – Spouse well qualified to get service immediately with
less efforts is not expected to remain idle to squeeze out his/her purse by cut
in nature of pendent elite alimony – Wife well qualified woman possessing
qualification like M.Sc., M.C. M.Ed – How can such a lady remain without service
– lady who is fighting matrimonial petition filed for divorce, cannot be
permitted to sit idle and put her burden on husband for demanding – pendente
lite alimony from him during pendency of matrimonial petition.”
6.. In I (2001) DMC 19 titled Sangitaben Rasiklal Jaiswal Vs. Sanjay Kumar
Ratilal Jaiswal, Mehsana, the Hon’ble Gujarat High Court has held that the wife
is entitled for Free Legal Aid and therefore, the Court should keep in mind that
wife is entitled for free legal services also.
7.. In the present case the applicant/ wife is a well qualified engineer and,
therefore, there is no need for her to sit idle at home waiting for the
maintenance from the non-applicant/ husband. In the peculiar facts and
circumstances of the case since the applicant/ wife is well qualified and,
therefore, can earn handsome amount by working and there is no need for her to
be financially dependent upon her parents or on the non-applicant/ husband, she
is not entitled for any maintenance. While hearing arguments on the application
it was ordered that the maintenance shall be granted to the wife till the
disposal of the petition. This sentence in order sheet dated 27.08.2007 only
means that the wife is entitled for the maintenance from the date of filing of
the application till the disposal of the main petition and not thereafter. It no
where reflects that the wife shall be entitled to maintenance I every case come
what may.
8.. Therefore, in view of the above said discussion, the application U/s 24
Hindu Marriage Act of the applicant/ wife is dismissed. There shall be no orders
as to cost. File be consigned to Record Room.
Announced in
Dated : 19.09.2007
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