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Wife denied upkeep carrying unchanging income in 125 CrPc

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM(M) 219/2009 & CM No.3738/2009

Date of Decision: 3rd February, 2010

IKJOT CHATWAL ….. Petitioner
Through: Ms. Arpita Rai, Advocate.
versus

BALBIR CHATWAL ….. Respondent
Through: Mr.S.K.Gupta, Advocate with Respondent in person.

CORAM:HON’BLE MS. JUSTICE ARUNA SURESH

(1) Whether reporters of internal paper might be authorised to see a judgment?
(2) To be referred to a contributor or not?
(3) Whether a visualisation should be reported in a Digest ?

JUDGMENT

ARUNA SURESH, J. (Oral)

1. Petitioner has filed a petition underneath Section 13 (1) (i-a) of the Hindu Marriage Act (hereinafter referred to as a „Act?) seeking divorce on a belligerent of cruelty opposite a respondent. She also filed an focus under Section 24 of a Act on 15 th July, 2006, during pendency of a divorce petition. She claimed upkeep during a rate of Rs.3,00,000/- per month for herself and Rs.50,000/- per month for any child i.e. field No. 2 and 3 in the petition and another sum of Rs.20,000/- as coaching cost of applicant No.2. She also sought directions to be released to a respondent to send a prosaic in her name and to keep aside a sum of Rs.2,00,000/- annually for aloft educational losses of a teenager children. She serve claimed Rs.1,00,000/- towards lawsuit expenses.

2. Trial Court vide a impugned sequence antiquated 3 rd Dec 2008, authorised a focus of applicant Nos. 2 and 3 i.e. a children and upheld a following order:-

“22. The applicant nos. 2 & 3 are entitled to upkeep for a duration post filing of a focus i.e. 15.07.2006. Keeping in mind a credentials and standing of a parties and their earning so also a losses already incurred by a non-applicant on his dual sons given 15.07.2006, it is deliberate suitable to endowment a sum of Rs 12,000/- per month as upkeep any to a applicant nos. 2 & 3 from 01.08.2007, to be paid by a non- applicant to a applicant no. 1, hanging lite ordering of a petition. The losses already incurred by a non-applicant usually towards a propagandize fees of a children post 01.08.2007 shall be deducted from a volume awarded. Any volume payable in any other record as upkeep to a applicant nos. 1 & 2 shall be tractable opposite a volume awarded. The focus u/s 24 of a HMA, 1955, as amended, filed by a applicant is likely of accordingly.”

3. Aggrieved by a pronounced order, postulant has filed this petition before me.

4. Vide a direct and visualisation antiquated 30 th March, 2009, petition for divorce has been finally motionless by a Trial Court in foster of a postulant extenuation her direct of divorce as prayed for. With a ordering of a divorce petition on merits on 30 th Mar 2009, impugned sequence of a Trial Court also came to an end.

5. Learned warn for a postulant has submitted that children have grown adult and their losses have increased. It can't be believed that respondent is earning usually Rs.52,700/- per month as per income certificate submitted by him given admittedly he was sketch a income of Rs.2.8 lacs per month in 2007. It is not doubtful that postulant owns a company, called Cinnamon Sprinkle given July, 1996, for using a business of representative (an Intermediary between buyers and manufacturers). Prior to that, she was operative in several trade houses as a Fashion Coordinator/Merchandiser given Dec 1993. It is impending that before determining a application, Trial Court had available a matter of a postulant underneath Order X of a Code of Civil Procedure. Statement of a postulant available by a justice is really applicable for correct ordering of this petition. Her matter reads as below:-

“684/04 STATEMENT OF IKJOT CHATWAL, W/O. SH. BALBIR CHATWAL, AGED 45 YEARS, R/O. A-336, GROUND FLOOR, SHIVALIK, MALVIYA NAGAR, NEW DELHI.

ON S.A.

After my schooling, we have finished a Diploma in Textile Designing from South Delhi Polytechnic in 1983. In December, 1983, we took adult a pursuit of Fashion Coordinator with an trade residence called Spectrum Trend in Okhla. we was earning approx. Rs.1200/- per month. we worked here for a year and a half. we assimilated as a Fashion Coordinator in a shopping residence called Impulse in 1984 end. My income here was Rs.1700/- per month. we worked here for one year. we assimilated as a Merchandiser with a shopping residence called Georgio Kauten. we worked here from 1985 to 1988 and was removing a income of approx. Rs.3,000/- per month primarily and thereafter, we was removing Rs.4,000/- per month. While we was in this company, we attended night classes and did a 4 month Course in Dress Designing from NIFT, Delhi. In 1988, we assimilated a shopping residence called Design Tech as a Merchandiser and was removing a income of Rs.5,000/- per mo nth. we worked here from 1988 to February, 1990. From April, 1990 compartment October, 1990 finish we worked as a Sampling Coordinator with RMX Joss and was earning Rs.5,000/- per month. we worked with a shopping residence in Jor Bagh as a Merchandiser from July, 1991 to July, 1992. we assimilated a shopping association called Mondial India as a Merchandiser in 1992, we worked here compartment July, 1996. My initial income was Rs.8,000/- per month. When we left a association in 1996, my income was Rs.15,000/-. In Jul 1996, we started my possess association namely Cinnamon Sprinkle doing a work of shopping agent. My pursuit is that of an Intermediary between buyers and manufacturers. My association does not possess any office. we have taken a premises on lease as my com apny?s bureau in April, 2007 in 4A, Ground Floor, Shahpur Jat, New Delhi-49. we am profitable a lease of Rs.40,000/- per month. The sum area of this premises is 1700 sq. feet. we have 9 employees. we have 4 Merchandiser Coordinators. The income of one Merchandiser Coordinator is between Rs.15,000/- to 20,000/- per month each. There are dual Quality controllers, a normal income we am profitable any is Rs.14,000/- to 15,000/- per month. we have one Assistant, whom, we am profitable a income of Rs.16,000/- per month. we have a Receptionist, whom we am profitable Rs.5,500/- per month. we have a Peon, whom we am profitable Rs.2,700/- per month. we have a Driver, whom we am profitable Rs.5,500/- per month.

I am staying in a abovementioned address, that is a prosaic measuring 180/190 sq. yds. This prosaic was taken by me on lease in October, 2003. Initially, we was profitable Rs.11,500/- per month as rent. In 2006, we am profitable a let of Rs.15,000/-. Since Oct 2006, we am profitable Rs.17,000/- per month. The landlord has increasing a lease to Rs.25,000/- given March, 2008. we possess a car, that is a Hundai Accent. we bought it in 2005. we am got a same financed by ICICI Bank. The cost of a automobile was approx. Rs.5,20,000/-. My company?s stream comment is in Canara Bank, SDA Market and ABN Amro Bank, Barakhamba Road, we have my personal comment in Oriental Bank of Commerce, Saket. we am not a member of any Five Star Hotel. we reason a bonus label of Hyatt Regency Hotel, that enables me to get discounts on lunches and dinners in a pronounced hotel.

I went to USA for 4 days in January, 2008. In Jan 2008, we went for dual days toParis. In both a places, we stayed in a hotel. My hermit paid for my stay in a USA. He also paid for my tickets. In Paris, we paid 70 Euros per day for a hotel. In Jan 2007, we went for 4/5 days to USA and Paris. In Paris, we went to attend a home products fair. In Jul 2007, we went for 2 days to Holland for a business assembly with a customer and for 5 days to a USA for a home products fair. In Sep 2007, we went for 4 days to Paris and Italy to attend a home products fair.

As on date, there is a loan of Rs.34 lacs taken by me for using my business and personal affairs. On an average, we am earning Rs.25,000/- to 30,000/- per month. we am spending approx. Rs.25,000/- to 30,000/- per month on an normal on both a children. This is other than their propagandize and fee fees.

The propagandize fees for my younger son Kabir was paid by a respondent to a Vasant Valley School for a educational year 2007 while a propagandize fees for my elder son Arjun was paid to Lawrence School, Sanawar was paid by me. we paid Rs.1,25,000/-. The respondent had paid a fees for a term, it was possibly in 2006 or 2007.

I have perceived dual cheques of Rs.2,50,000/- any from a postulant in June, 2007 towards a children expenses. The respondent paid me a coupon of Rs.15,000/- to me in November, 2007 for a registration fees of Kabir for Sanawar. The respondent paid a sum of Rs.17,700/- for a fee fees of Kabir for certain months in 2007. The respondent paid Rs.4,000/- to a Delhi International Football League in September, 2007 for a dual sons. The respondent gave a Play Station-III, Sony make on a birthday of Arjun. He has been giving birthday gifts to both a children. The respondent has paid for a football of both a children during Chanakyapuri in June, 2007.

The respondent did catch medical losses towards a dual children in 2007. In 2006, a respondent paid Rs.86,000/- to a Vimhans Hospital for a diagnosis of a elder son Arjun. we done an output of approx. Rs.12 lacs for a diagnosis of Arjun in 2006. Arjun was pang from a difficult bacterial infection. The respondent took both a children for 4 days in June, 2007 to Thailand. we can't remember what was my sum gain mentioned in a ITR for a year 2006-07. we have been an income taxation assessee given we have started working.

RO&AC ADJ/Delhi/08.05.08″

6. Thus, it is transparent that postulant is financially eccentric and is carrying large income from her business. Hence, petitioner, being self-employed carrying good income, is equally probable to share day-to-day and other losses of a children.

READ  498A IPC Quashed

7. Respondent has been pity losses of a children via including their propagandize fees. It is also not doubtful that respondent had paid for medical diagnosis of his elder son during his hospitalization and surgical operation in Vimhans Hospital in June, 2006. It is also not doubtful that elder son has now left abroad to pursue his serve studies for that parties got authorised an educational loan as co-borrowers from a bank to safeguard that there was no financial problem for a child to pursue his studies. It is relevant to note that yet petition for divorce was filed in 2004, focus for upkeep under Section 24 of a Act was filed usually in July, 2006. Even before filing of this application, respondent had been pity losses of a children. Even during a pendency of a focus before a Trial Court, respondent has been pity a educational losses of a children besides other.

8. Under these circumstances, we find no reason to meddle in a sequence of a Trial Court, whereby upkeep of Rs.12,000/- per month was awarded to any child w.e.f. 1 st August, 2007. Court had upheld this sequence gripping in mind a fact that even after filing of a application, respondent has been assembly educational and other losses of his sons.

9. Hence, we find no merits in this petition. The same is accordingly dismissed.

CM No.3738/2009 (for direction)

10. Since petition has been dismissed, this focus has turn infructuous. It is accordingly likely of.

ARUNA SURESH (JUDGE) FEBRUARY 03, 2010

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