RAGHUBIR YADAV Vs. PURNIMA KHARGA YADAV

JUDGEMENT

(1.) CELLULOID personalities, when become protagonists in a legal battle before a Court of Law, conjectures take front seat and the real essence melts into oblivion. Zealously guarded secrets get exposed and the drama unfolds itself stage after stage and the protagonists sooner or later come to their real self breaking the barrier between the appearance and reality. Such is the case of the petitioner, a cine artiste, who has pleaded that his financial position is not that good as has been determined by the learned IXth Additional District Judge, Jabalpur in a proceeding under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' ).

(2.) IN this civil revision challenge is to the order dated 25. 9. 1998 passed by the learned trial Judge in Civil Suit No. 3-A/1997 whereby he has fixed Rs. 20,000/-towards monthly maintenance allowance for the non-applicant/wife.

(3.) THE facts as have been uncurtained are that the petitioner as plaintiff initiated an action by filing an application under Section 13 of the Act against the non-applicant on the ground of mental cruelty. After appearance the non-applicant filed an application under Section 151 of the Code of Civil Procedure (for short 'the Code') for grant of expenses. The said application was rejected by the Court below. Feeling aggrieved the non-applicant preferred Civil Revision No. 2500/1996 wherein this Court held that there was no jurisdictional error in the order passed by the Trial Court. However, it was observed that relief claimed by the non-applicant must be considered while dealing with an application under Section 24 of the Act. After such an observation was made by this Court the non-applicant filed an application under Section 24 of the Act claiming maintenance allowance and litigation expenses. In the said application it was mentioned that the husband-revisionist is a reputed film star and earns lacs of rupees per day. It was pleaded therein that the defendant's minimum expenses is Rs. 42,500/- per month. It was alleged that she was staying in Bombay and is entitled to Rs. 15,714/- for every appearance in the Court at Jabalpur. Quite apart from the above, it was putforth that she has no income and her only child stays with her. With the aforesaid averments a monthly maintenance allowance of Rs. 1,00,000/- and litigation expenses of Rs. 15,000/- per visit to Jabalpur were claimed by the non-applicant. A. reply was filed to the same highlighting that the non-applicant is a good actress, Kathak dancer of repute and has performed in many films, T. V. serials, stage plays and dance programmes. It was also stated that she is earning approximately Rs. 50,000/- per month. That apart, various other facts were asserted denying the claim of the non-applicant. In course of hearing of the application the petitioner produced Income-tax Return which showed that he had earned Rs. 34,555/- in a particular year. On the contrary, the non-applicant putforth that she had to pay rent of the flat and had to give education to her child, who is residing in a boarding school at Khandala. She also produced bank accounts of the petitioner which showed that the petitioner had deposited Rs. 2,74,000/- in eight months.