BEFORE THE PRINCIPAL JUDGE: FAMILY COURTS: NORTH

DISTRICT: ROHINI COURTS: DELHI

H.M.A. Case NO. 1901/2019

In the matter of:-

Major Rahul Singh ..Petitioner

Versus

Tapasaya Jhajhria ..Respondent

APPLICATION ON BEHALF OF THE PETITIONER UNDER

SECTION 24 OF THE HINDU MARRIAGE ACT, 1955, FOR
GRANT OF MAINTENANCE PENDENTELITE AS WELL AS
LITIGATION EXPENSES

RESPECTFULLY SHOWETH:

1. That the applicant herein is the respondent in the above noted

H.M.A. Petition for dissolution of marriage by a decree of

divorce under Sections 13(1)(ia) of the Hindu Marriage Act,

1955 (hereinafter referred to as petition for divorce), which

petition is pending for adjudication before this Hon’ble Court.

2. That the applicant being the respondent has already filed her

written statement and the contents of the said written statement

may kindly be read as part and parcel of this application also

 as the same have not been repeated herein for the sake of

brevity.

3. That admittedly, the applicant and the respondent were

married in accordance with Hindu Rites and rituals on

14.1.2010, at Gurgaon, Haryana and therefore, the applicant is

the legally wedded wife of the petitioner in the above noted

petition for divorce.

4. That the petitioner has made the life of the respondent a

miserable hell and has deserted and withdrawn the respondent

form his society without any just and sufficient cause and has

not made any provision for the maintenance of the respondent

knowing fully well that the applicant has inadequate monetary

means to survive and has further no means to litigate against

the petitioner for her rights.

5. That the petitioner as mentioned above did not pay any money

and rather have been wasting money which could have met out

the needs of the petitioner.

6. That today the respondent is without any money and at least

not having money for rent, maintaining the day to day

expenditure, money for payment to the loans and other day to

day activities as she is having very meager income. On the

other hand, the petitioner is spending huge amount of money

for his other activities inspite of the fact that most of his

activities are being maintained/looked after by Indian Army.

It is pertinent to mention here that the petitioner has a knack of

manipulating the situations and twisting of facts and figures.

7. That the entire dowry articles, house hold articles as well as

the istridhan of the respondent/applicant have been unlawfully

retained by the petitioner and is with the petitioner and his

family members.

8. That the applicant/respondent had been treated with cruelty by

the petitioner and his family members as mentioned in the

accompanying written statement, the contents of which may

kindly be treated as part and parcel of the present application

 as well as the same are not being repeated herein for the sake

of brevity.

9. That the petitioner/non applicant is a man of means and status.

He is Lt. Major in Indian Army, from where he is

getting/earning about Rs.2,50,000/- approx. per month.

Besides the said earning, he is also having agricultural and

other income like interest on FDs etc. and has also got shares

and debentures of various companies and from the said

sources, his earning is about Rs.1,50,000/- approx. per month.

Thus, from all the sources, the income of the petitioner is

about Rs.4,00,000/- per month. He is also owning his own

house at Rohini, Delhi, at the address mentioned in the

petition. Besides this, he has got number of movable and

immovable properties, the details of which are not within the

specific knowledge of the applicant and the petitioner is

required to disclose the same before this Hon’ble Court. The

petitioner has no other liability except to maintain the

respondent who is fully dependent upon the petitioner as the

entire family members of the petitioner are self sufficient.

10. That the petitioner has no liability on his shoulders except to

maintain the respondent, who is his legally wedded wife.

Though, the respondent herself is earning about Rs.55,556/-

per month (inclusive of HRA and DA etc.) as she is teacher;

however, the said amount is not sufficient even to meet her

both ends.

11. That the respondent has no movable and immovable properties

in her possession as the entire dowry articles including gold

and silver ornaments are in custody of the petitioner and his

other family members. However, the respondent has acquired

a Property under Affordable Housing Scheme in Haryana and

currently, the said property is under construction. The

respondent has taken Car Loan from Bank of Baroda vide

Loan Account No.00001145876; Home Loan from HDFC

Bank vide Loan Account No.668124505.

12. That the parents of the opposite party/ petitioner are equally

and/or better self reliant and the opposite party/petitioner is not

 obliged to maintain them or any one else for that matter out of

his income.

13. That looking into the various facts and circumstances, the

respondent is also entitled to live and spend the life at part

with the status of the petitioner. Besides this, the respondent

shall be appropriately claiming any other claim in any other

proceeding at the appropriate stage and for which the

respondent is reserving her rights.

14. That from the above mentioned facts, the respondent is entitled

to the interim relief which is being prayed in the present

application and there is prima facie case in favour of the

respondent and the balance of convenience is also in favour of

the respondent and against the petitioner and in case the

respondent is not protected and interim orders is not granted,

the respondent shall suffer irreparable loss and injury which

cannot be compensated in terms of money.

15. That in terms of the principles of law reiterated by the Hon’ble

High Court of Delhi, in the case of Pradeep Kumar Kapoor

Versus Ms. Shailja Kapoor, reported in AIR 1989 Delhi 10,

that in deciding the application under Section 24 of the Hindu

Marriage Act, the Court has to act in accordance with sound

judicial principles on considering (i) position and status of the

parties, (ii) feasible wants of the claimants (towards food,

clothing, shelter, medical attendance and treatment, education

and the like), (iii) income of the claimant, (iv) number of

persons opposite party is obliged to maintain. The Hon’ble

Delhi High Court also in that judgment, inter alias held that in

arriving at the income of a party involuntary deductions like

income tax, provident fund contribution etc. are to be

excluded.

16. That the applicant/respondent has no immovable or movable

property and all such possesses is only few wearing apparels

and day to day house hold articles and thus the respondent is

entitled to a sum of Rs.50,000/- (Rupees fifty thousand only)

per month as and by way of maintenance from the petitioner

 which the petitioner is legally bound to pay the same to the

respondent being his legally wedded wife.

17. That the petitioner needs to provide the respondent cost of

litigation to enable the respondent to seek legal assistance and

to pursue the present petition on merits.

In view of the aforesaid facts and circumstances, it is, therefore,

most respectfully prayed that this Hon’ble Court may be graciously

pleased to:-

(a) direct the petitioner /non applicant to pay the litigation

expenses of Rs.3,00,000/- (Rupees three lakhs only);

(b) direct the petitioner/non applicant to pay the

maintenance at the rate of Rs.2,00,000/- per month for

the respondent/applicant.

BEFORE THE PRINCIPAL JUDGE: FAMILY COURTS: NORTH

DISTRICT: ROHINI COURTS: DELHI
H.M.A. Case NO. 1901/2019

In the matter of:-

Major Rahul Singh ..Petitioner

Versus
Tapasaya Jhajhria ..Respondent

AFFIDAVIT

Affidavit of Smt. Tapasya Jhajharia, wife of Major Rahul Singh, d/o

late Shri Bikramjeet Singh, presently residing at 15/1, Officer’s
Quarters, 51, Army Camp, Airport Authority Residential Colony,
Guwahati, Assam, at present at Delhi.

I the above named deponent do hereby solemnly affirm and

declare as under:-

1. That I am the respondent/applicant in the above noted matter and

am well conversant with the facts and circumstances of the

present case and also competent to swear the present affidavit.

2. That the deponent herein is the respondent in the above noted

H.M.A. Petition for dissolution of marriage by a decree of divorce

under Sections 13(1)(ia) of the Hindu Marriage Act, 1955

(hereinafter referred to as petition for divorce), which petition is

pending for adjudication before this Hon’ble Court.

3. That admittedly, the applicant and the respondent were married in

accordance with Hindu Rites and rituals on 14.1.2010, at

Gurgaon, Haryana and therefore, the applicant is the legally

wedded wife of the petitioner in the above noted petition for

divorce.

4. That the petitioner has made the life of the respondent a miserable

hell and has deserted and withdrawn the respondent form his

society without any just and sufficient cause and has not made

any provision for the maintenance of the respondent knowing

fully well that the applicant has inadequate monetary means to

survive and has further no means to litigate against the petitioner

for her rights.

5. That the petitioner as mentioned above did not pay any money

and rather have been wasting money which could have met out

the needs of the petitioner.

6. That today the respondent is without any money and at least not

having money for rent, maintaining the day to day expenditure,

money for payment to the loans and other day to day activities as
 she is having very meager income. On the other hand, the

petitioner is spending huge amount of money for his other

activities inspite of the fact that most of his activities are being

maintained/looked after by Indian Army. It is pertinent to

mention here that the petitioner has a knack of manipulating the

situations and twisting of facts and figures.

7. That the entire dowry articles, house hold articles as well as the

istridhan of the respondent/applicant have been unlawfully

retained by the petitioner and is with the petitioner and his family

members.

8. That the applicant/respondent had been treated with cruelty by the

petitioner and his family members as mentioned in the

accompanying written statement, the contents of which may

kindly be treated as part and parcel of the present application as

well as the same are not being repeated herein for the sake of

brevity.
9. That the petitioner/non applicant is a man of means and status.

He is Lt. Major in Indian Army, from where he is getting/earning

about Rs.2,50,000/- approx. per month. Besides the said earning,

he is also having agricultural and other income like interest on

FDs etc. and has also got shares and debentures of various

companies and from the said sources, his earning is about

Rs.1,50,000/- approx. per month. Thus, from all the sources, the

income of the petitioner is about Rs.4,00,000/- per month. He is

also owning his own house at Rohini, Delhi, at the address

mentioned in the petition. Besides this, he has got number of

movable and immovable properties, the details of which are not

within the specific knowledge of the applicant and the petitioner

is required to disclose the same before this Hon’ble Court. The

petitioner has no other liability except to maintain the respondent

who is fully dependent upon the petitioner as the entire family

members of the petitioner are self sufficient.

10.That the petitioner has no liability on his shoulders except to

maintain the respondent, who is his legally wedded wife.

Though, the respondent herself is earning about Rs.55,556/- per

 month (inclusive of HRA and DA etc.) as she is teacher; however,

the said amount is not sufficient even to meet her both ends.

11.That the respondent has no movable and immovable properties in

her possession as the entire dowry articles including gold and

silver ornaments are in custody of the petitioner and his other

family members. However, the respondent has acquired a

Property under Affordable Housing Scheme in Haryana and

currently, the said property is under construction. The respondent

has taken Car Loan from Bank of Baroda vide Loan Account

No.00001145876; Home Loan from HDFC Bank vide Loan

Account No.668124505.

12.That the parents of the opposite party/ petitioner are equally

and/or better self reliant and the opposite party/petitioner is not

obliged to maintain them or any one else for that matter out of his

income.

13.That looking into the various facts and circumstances, the

respondent is also entitled to live and spend the life at part with
 the status of the petitioner. Besides this, the respondent shall be

appropriately claiming any other claim in any other proceeding at

the appropriate stage and for which the respondent is reserving

her rights.

14.That from the above mentioned facts, the respondent is entitled to

the interim relief which is being prayed in the present application

and there is prima facie case in favour of the respondent and the

balance of convenience is also in favour of the respondent and

against the petitioner and in case the respondent is not protected

and interim orders is not granted, the respondent shall suffer

irreparable loss and injury which cannot be compensated in terms

of money.

15.That in terms of the principles of law reiterated by the Hon’ble

High Court of Delhi, in the case of Pradeep Kumar Kapoor

Versus Ms. Shailja Kapoor, reported in AIR 1989 Delhi 10, that

in deciding the application under Section 24 of the Hindu

Marriage Act, the Court has to act in accordance with sound

judicial principles on considering (i) position and status of the

 parties, (ii) feasible wants of the claimants (towards food,

clothing, shelter, medical attendance and treatment, education and

the like), (iii) income of the claimant, (iv) number of persons

opposite party is obliged to maintain. The Hon’ble Delhi High

Court also in that judgment, inter alias held that in arriving at the

income of a party involuntary deductions like income tax,

provident fund contribution etc. are to be excluded.

16.That the applicant/respondent has no immovable or movable

property and all such possesses is only few wearing apparels and

day to day house hold articles and thus the respondent is entitled

to a sum of Rs.50,000/- (Rupees fifty thousand only) per month as

and by way of maintenance from the petitioner which the

petitioner is legally bound to pay the same to the respondent

being his legally wedded wife.

17.That the petitioner needs to provide the respondent cost of

litigation to enable the respondent to seek legal assistance and to

pursue the present petition on merits.

18.That the contents of the accompanying application under Section

24 of the Hindu Marriage Act, 1955, have been drafted by my

counsel as per my instructions and the contents of the same have

been duly read and understood by me and after fully

understanding the contents of the same, I hereby state that the

facts stated therein are all true and correct to my knowledge. The

facts stated therein may kindly be read as part and parcel of the

present affidavit as well, as the same are not being repeated herein

for the sake of brevity.