Delhi High Court : Mainatainace u/s 24 HMA : Pankaj Bhatia Versus Shweta Bhatia 11.12.08

IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : Hindu Marriage Act
Date of Reserve: November 07, 2008
Date of Order: December 11, 2008
CM (M) 558/2008
Pankaj Bhatia ... Petitioner
Through: Mr. Jatin Sehgal, Advocate
Versus
Shweta Bhatia ... Respondent
Through: Mr. R.K. Tarun, Advocate
SHIV NARAYAN DHINGRA J.
1. The petitioner is aggrieved by an order dated 16th November 2007 passed by
learned Additional District Judge under Sections 25 and 26 of Hindu Marriage Act
(HMA) on an application of the wife (respondent herein) whereby she granted
maintenance of Rs.7000/- per month for the wife and the child and Rs.10,000/- towards
litigation expenses.
2. In her application the wife had claimed that the petitioner was running a motor
garage in the name and style of M/s Pankaj Motors at the premises bearing number F-15,
West Patel Nagar and he was having 5/6 employees. He had monthly income of more
than Rs.60,000/-. He was having his own house and a car and leading a luxurious life.
She herself had no source of income and did not have sufficient means to sustain and
maintain herself and the child. In response, the husband (petitioner herein) denied that he
was running a motor garage and stated that he was earlier in a private job on a salary of
Rs.12,00/- per month plus two meals a day but after the litigation with the wife, he has
been thrown out of his job and presently he was jobless. In respect of his wife he stated
that his wife was working as a receptionist in a private company and was earning Rs.3000
per month as salary. She was also giving tuitions earning Rs.1500/- to Rs.2000/- per
month from tuitions. She was also having additional qualification of cooking, beauty
parlor job and was earning Rs.2500 per month from these qualifications.
3. During pendency of the application under Section 24, a photocopy of salary
certificate was produced by the husband before Trial Court showing his salary as Rs.2200
per month from a private employer. Learned ADJ observed that the period of the salary
certificate produced by husband was the same during which the husband claimed that he
was unemployed. Husband had not placed on record the original salary certificate but
only a photocopy of the same. The learned trial court also found that the husband had
filed a petition for custody and guardianship of the child wherein he stated that he was a
self employed person and was working as a car mechanic. He had reasonable income
from his self-employment so as to maintain the child and have the custody and
guardianship of the child. The trial court found that the husband has not approached the
court with clean hands and the averments made about his being employed at a month
salary of Rs.1200 or Rs.2200 were all false.
4. During arguments counsel for the petitioner had nothing new to say on quantum
maintenance and kept on insisting that the petitioner was only an employee and again
relied upon the salary certificate filed by him before the trial court. He also placed on
record the order of the learned MM under Section 125 Cr.PC fixing maintenance of
Rs.1000 per month for the wife and Rs.500/- per month for the child on the ground that
the income of the petitioner was Rs.2500/- and submitted that trial court had not
considered the order passed by the MM.
5. I have perused the salary certificate filed by the husband wherein the husband has
been shown as trainee motor mechanic. He seems to have been shown as a trainee by the
person who issued the salary certificate as otherwise he would have been caught under
Minimum Wages Act. It is not the case of the husband that he was working as a trainee
motor mechanic with anybody. Before the guardianship court, the husband had taken the
stand that he was a self-employed car mechanic. A person can work as a self-employed
car mechanic only if he is an expert car mechanic. A person self employed as a car
mechanic obviously would need workshop and some helpers to help him in his profession
of car mechanic. The trial court thus rightly believed that the husband had come to the
court with unclean hands and deiberately filed a false certificate. The order passed by
learned MM further fortifies this. Before MM, the husband had taken a plea that his
income from the job of car mechanic was Rs.2500 per month. The learned MM had only
taken this income into account and fixed the maintenance of Rs.1000 for the wife and
Rs.500 for the child, without going into the controversy of the real income of the
husband. The order of learned MM is only an interim order not binding on the court of
learned ADJ and was rightly ignored by the court of ADJ.
6. It is petitioners own contention in the reply to the application under Section 24 of
HMA that the wifes parents were having no income and the wife was supporting them.
However, he has not provided the name of the private company where his wife was
allegedly employed. Even otherwise, the claim made by the petitioner about wifes
income are all imaginary claims. If she had been employed with a private company, the
husband would have at least disclosed the name of that private company. Even otherwise,
the job of a receptionist in a private company has to be a full time job and if she was
employed as a full time receptionist, how could she give tuitions and also work as
beautician. The husband has not only given a false certificate about his income but has
also made false averments about the wifes employment and income.
7. I consider such a person does not deserve sympathy of the Court. The petitioner
has misused the judicial process. The petition is hereby dismissed with cost of
Rs.25,000/-. The cost to be paid by the husband to wife before the trial court.
Sd./-
December 11, 2008 SHIV NARAYAN DHINGRA J.