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NARESH KUMAR MALHOTRA: ASJ05 : WEST
DISTRICT, TIS HAZARI COURTS, DELHI
C.A No. 31/16 & Case No. 54436/16.
In the matter of :
Ms. Preeti Gogia @ Preeti Sharma,
W/o Shri Manoj Kumar Sharma,
D/o Sh. Baldev Raj Gogia,
R/o A40, Tagore Garden Extension,
New Delhi 110027
............ Appellant.
VERSUS
1. Shri Manoj Kumar Sharma,
S/o Shri Govind Ram Sharma,
2. Shri Govind Ram Sharma
3. Smt. Mithlesh Sharma,
W/o Shri Govind Ram Sharma,
All residents of RZ/C168, Jeewan Park,
Uttam Nagar, New Delhi. ............. Respondents.
DATE OF INSTITUTION : 13.05.2016
DATE OF RESERVING THE JUDGMENT : 18.01.2017
DATE OF DECISION : 20.01.2017
AND
C.A No. 36/16 & Case No. 54331/16.
In the matter of :
Sh. Manoj Kumar Sharma,
S/o Sh. Govind Ram Sharma,
r/o C168, Jeewan Park,
Uttam Nagar, New Delhi. ............ Appellant.
VERSUS
Ms. Preeti Gogia @ Preeti Sharma,
D/o Shri Baldev Raj Gogia,
r/o A40, Tagore Garden Extension,
New Delhi 110027
............. Respondent.
DATE OF INSTITUTION : 25.05.2016
1. Vide this common judgment, I shall decide the appeal bearing No.
31/16 filed by appellant Ms. Preeti Gogia @ Preeti Sharma against her husband
Sh. Manoj Kumar Sharma against the order dated 08.04.2016, vide which the Ld.
MM has dismissed the application u/s. 23 of PWDV Act filed by appellant Preeti
Gogia.
The respondent Manoj Kumar Sharma has also challenged the order
dated 08.04.2016 and filed CA No. 36/16. As both the appeals bearing No. 31/16 &
36/16 are arising out of order dated 08.04.2016, I am deciding both the appeals
together.
3. The respondent Manoj Kumar Sharma has also filed appeal bearing
No. 36/16 on the ground that the Ld. Trial Court wrongly and unjustifiably
determined his income to be between Rs. 50,000/ to Rs. 55,000/ per month. Ld.
Trial Court has ignored the statement of bank accounts of Manoj Kumar Sharma
and this statement shows that no salary has been credited into account of Manoj
Kumar Sharma after March, 2015 and this corroborates the stand of appellant
Manoj Kumar Sharma that he has resigned from the service of M/s. Gopal Jee
w.e.f. 04.03.2015. Ld. Trial Court has not considered the affidavit duly sworn by
Manoj Kumar Sharma. Ld. Trial Court has wrongly observed in the order that
nobody would resign from the job unless he is having the better opportunity. Ld.
Trial Court has wrongly held that appellant Manoj Kumar Sharma having inerest
income to the tune of Rs. 42,000/ per annum. It is prayed that order dated
08.04.2016 be set aside to the extent that appellant Manoj Kumar Sharma is earing
a sum of Rs. 50,000/ to Rs. 55,000/ per month.
4. I have heard Ld. Counsels for the parties in both the appeals and
perused the records of both the appeals as well as Trial Court Record very
carefully.
5. Perusal of the file reveals that appellant Preeti Gogia @ Preeti Sharma
has filed petition u/s. 12 r/w Section 18,19,20,22 & 23 of Protection of Women
from Domestic Violence Act, 2005 with the averments that her marriage was
7. The respondent Manoj Kumar Sharma has filed affidavit and in this
affidavit he has mentioned his monthly income as Rs. 6,900/. Along with the
affidavit he has filed Income Tax Return for the year 20122013 in which his gross
total income is Rs. 2,88,708/. He has also filed ITR for assessment year 201314
and gross total income is shown as Rs. 3,07,181 and in the ITR for assessment year
201415 his gross total income is Rs. 3,98,258/. It is the stand of the respondent
Manoj Kumar Sharma that he has resigned his service from 04.03.2015 but as
observed by Ld. Trial Court no resignation letter has been placed on record by the
respondent Manoj Kumar Sharma to show that he has resigned from M/s. Gopal
Jee as CA w.e.f. 04.03.2015. Ld. Trial Court has rightly taken into consideration
8. Now, the question arises whether the Ld. MM has rightly declined the
maintenance to appellant Preeti Gogia @ Preeti Sharma.
Ld. Trial Court has relied on the ITRs for the years 201213, 201314
& 201415 of appellant Preeti Gogia @ Preeti Sharma. It is contended by Ld.
Counsel for appellant Preeti Gogia that these ITRs are fabricated as respondent
Manoj Kumar Sharma used to submit her income tax return.
I have perused the ITR for the assessment year 201213 in which gross
income of the appellant is mentioned as Rs. 1,59, 318 and this income tax return
was filed by respondent Manoj Kumar Sharma. In the ITR for the assessment year
201314 the gross income is shown as Rs. 55,876/ and it was submitted by one
Hemant Mehta. In the ITR for the assessment year 201415 the gross income of
the appellant is shown as Rs. 1,47,865/ and same was also submitted by Hemant
Mehta. As per the pleadings of the complaint, she is residing separately since
May, 2014 and her gross income to the tune of Rs. 1,47,865/ was for the year
9. It is stand of the appellant that she is not doing any job but no
document has been placed on record by the appellant to show that she has resigned
from Web Matrix Technology from May, 2014.
Ld. Counsel for the appellant Preeti Gogia has placed reliance on
judgments titled as “Amit Kumar Vs. Navjot Dubey”, “Rachna Kathuria Vs.
Ramesh Kathuria” and “Ramesh Vs. Dr. Laxmi & Anr.”.
On the other hand, Ld. Counsel for the respondent Manoj Kumar
Sharma has placed reliance on judgment titled as “Sanjay Bhardwaj & Ors. Vs.
State & Anr.” 171 (2010) Delhi Law Times 644 wherein it is held that “we are
living in an era of equality of sexes. The Constitution provides equal treatment
to be given irrespective of sex, caste and creed. An unemployed husband, who
is holding an MBA degree, cannot be treated differently to an unemployed
wife, who is also holding an MBA degree, Since both are on equal footing one
cannot be asked to maintain other unless one is employed and other is not
10. In view of the above discussions, I am of the view that there is no
illegality or infirmity in the order dated 08.04.2016 and the Ld. MM has rightly
declined maintenance to appellant Preeti Gogia @ Preeti Sharma. The appeal filed
by appellant Preeti Gogia @ Preeti Sharma is without any merits and same is
hereby dismissed.
Copy of this common judgment be sent alongwith the TCR.
Appeal files be consigned to Record Room, after necessary
compliance.
Announced in the Open Court
on 20.01.2017 (Naresh Kumar Malhotra)
ASJ05 (West)/THC/Delhi