ANITA CHAUDHRY,J. - (1.) The petitioner seeks enhancement of the interim maintenance granted to her in the proceedings filed under Section 125 Cr.P.C. by the District Judge (Family Court), Ambala.
(2.) The facts as they appear from the record should first be delineated. The parties were married on 11.02.1997 at Ambala. After 3-4 days of stay at Bhiwani, they moved to Mumbai since the husband was working with M/s. Jindal Iron & Steel Company Ltd. The petitioner also joined as a Marketing Research Officer. The wife was serving in the Textile Industry namely Arihant Industries at Ludhiana (Punjab) from 1993 to 1995 and then in Nahar Industries, Lalru (Punjab) as a Research and Development Officer, till 1996. The petitioner claimed that she had some health issues and was operated in Escorts, Delhi in November/December, 1997. The husband left the job at Thane, Mumbai (Maharashtra) and joined Jindal Stainless Ltd. at Hisar and then at Bhiwani. Differences arose between the parties some time in 2010. Before that, the petitioner had completed her MBA Course in 2009. The petition under Section 125 Cr.P.C. was filed in July, 2014. The petitioner claimed Rs. 1 lac per month as maintenance for herself besides litigation expenses. She had admitted that the children born out of the wedlock were living with the respondent-husband. It was pleaded that the husband had no other responsibility except the petitioner and the children. Petitioner claimed that the husband was getting annual salary of Rs. 41 lacs from April, 2014 onwards.
(3.) The husband pleaded that he had taken a number of LIC policies in the name of the petitioner-wife which were lying with her and he had been paying the instalments. Details of the policy numbers were given. It was pleaded that the petitioner herself had left the matrimonial home taking away all the articles. It was pleaded that the petitioner had concealed material facts. It was pleaded that the petitioner owned several properties and she was working and had handsome income. The details of 10 account numbers were given in para no.4 of the preliminary objection. It was pleaded that the petitioner owned a double story shop in Sector-9 at Hisar and a plot in Sector-4 at Karnal. It was pleaded that these properties were in her name though he had paid the sale consideration. The present value of the properties was stated to be over Rs. 1 crore. It was pleaded that the children born out of the wedlock were living with the respondent-husband and the son was studying in DAV School at Gurgaon and was taking tuitions from Aakash Institute & Omega Institute and the daughter was studying in Maurya International Institute and was taking tuitions and dance classes and he had to spend over Rs. 50,000/- per month for their education and maintenance. It was pleaded that he was working in a private organisation and his monthly income was touching Rs. 1.5 lac. It was pleaded that an amount of over Rs. 16,000/- per month was being invested to ensure the better future of the children. It was pleaded that the children were in the age group of 12 - 15 years. It was also pleaded that the petitioner was B.Tech, BBA & MBA and she had fought cases against the companies like Skumar.com and Bhiwani Textile Mills (A company of Aditya Birla Group). It was pleaded that he was still paying the premium for the policies taken by the petitioner and her mother. It was pleaded that the wife left the matrimonial home leaving the minor children alone and wanted to dictate terms. It was pleaded that the petitioner had not disclosed the income from her vocations.;