Abhilasha Mudhar vs Sh. Surinder Mudhar

Sanjay Karol, J.—This is the plaintiff''s suit for a decree for grant of maintenance @ Rs. 35,000/- per month w.e.f. 8th July, 2004, the date on which the suit was filed. The defendant is ex-parte. The plaintiff, being an indigent person, stands permitted to institute the suit as such.

As per the averments made in the plaint, plaintiff (Smt. Abhilasha Mudhar), was married to defendant (Shri Surinder Mudhar), on 17.1.2001. The marriage was registered under the Hindu Marriage Act on 18.1.2001 before the Divisional Magistrate-cum-Marriage Officer, Shimla. The defendant, who was working as a Pilot in Air Canada, at the time of marriage was earning Rs. 8,000/- Dollars per month. He owned agricultural land at Jalandhar, Punjab (India) as also two residential houses and land in Surrey, British Columbia, Canada. Sometime after the marriage, which was duly solemnized by the parties, defendant left for Canada by making assurances that soon he would make arrangements for the plaintiff to come and join him there. However, defendant did not take any such steps but visited India sometime in the year 2001 when plaintiff conceived through him. After sometime defendant again left for Canada. Soon thereafter, defendant took the plaintiff to United Arab Emirates (UAE) where the parties started residing together. A child was born on 11.12.2001. Sometime in September, 2003, defendant came to India alongwith the plaintiff and left her with the son and again went to Canada. Thereafter, neither the defendant nor his family members bothered to take care of the plaintiff. She was left all alone, in a lurch to fend for herself and her minor son.

In order to establish her case, plaintiff stepped into the witness box as AW-1 and also examined another witness, Smt. Malti Negi as (AW-2). In her statement, plaintiff has categorically deposed that her husband was earning Rs. 8,000/- Dollars per month at the time of marriage which was solemnized in Shimla on 17.1.2001. Plaintiff, through her testimony has fully proved her case in the Court. She has also deposed that during the time when she stayed with her husband, she was tortured and treated with mental and physical cruelty. Her son born through the marriage has grown up and she needs money for meeting out her day-to-day expenses and education of her son. Plaintiff has also established that defendant has neither responded to her mails/telephone calls nor has he paid any amount towards maintenance. The expenses incurred by her are proved to be the amount claimed by her in the suit. According to the plaintiff, the defendant is earning Rs. 8,000/- Dollars per month. He also has immoveable property in India and abroad. Her testimony stands corroborated by her mother Smt. Malti Negi (AW-2) in every respect.

Hence, in my considered view, plaintiff has fully proved her case. It stands established that plaintiff was married to the defendant in Shimla on 17.1.2001. A child was born through the wedlock. Her husband i.e. the defendant, stopped maintaining her. He has not bothered to take care of his wife i.e. the plaintiff and his son born through the wedlock. Plaintiff requires money to incur her expenses for daily needs as also education of her child. Thus, in my considered view, the suit of the plaintiff for a decree of maintenance is decreed @ Rs. 35,000/- per month w.e.f. 8th July, 2004 till such time plaintiff is alive or the minor son attains majority, which ever is later. The defendant shall also bear the costs of the suit. Decree sheet be prepared accordingly.