- (1.) HEARD learned counsel for the appellant.
(2.) THIS appeal is directed against judgment and order dated 13th November, 2009 passed by Family Court, Jodhpur, whereby application under Section 18 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as 'the Act'), filed by wife/respondent, Smt. Saroj has been allowed and husband/appellant, Inder Singh has been directed to pay a sum of Rs. 3,000.00 per month towards maintenance. Briefly stated the facts of the case are that respondent, Smt. Saroj filed an application under Section 18 of the Act before the Family Court, Jodhpur, alleging that she married with non-applicant on 22nd January, 1999. It was further averred in the application that she was only 35 years of age at the time of marriage, whereas age of the non-applicant, at the time of marriage, was 52 to 53 years. The non-applicant was having two married and two unmarried daughters. It was also averred that non-applicant started harassing the applicant with connivance of his daughters and ultimately, she was ousted from the house on 28th April, 1999. It was also averred that non-applicant had treated the applicant in a cruel manner. It was further alleged that salary of the non- applicant is about Rs. 11,000.00 per month, therefore, she is entitled to monthly maintenance of Rs. 3,000.00.
(3.) THE application was contested by the non-applicant/appellant by filing written reply, wherein it was averred that from the date of marriage, the applicant started misbehaving with the non-applicant. It was also alleged that the non-applicant gave gold and silver ornaments to the applicant at the time of marriage, which, she sent to her mother and at present, she is living with her parents. The allegations regarding cruelty were denied. The allegation with regard to cruel behaviour of his daughters was also denied. So far as income part is concerned, it was stated that the non-applicant is getting monthly salary of Rs. 7,500.00, after certain statutory deductions. It was also alleged that the applicant is already earning Rs. 7,000.00 to Rs. 8,000.00 per month, therefore, she is not entitled for any monthly amount towards maintenance.;