R"" c IN THE HON'BLE HIGH COURTOF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRIT PETITIONi'227) N0. '3 077/2010. BfcNl, PETITIQNER: (Non-Applicant) Vikas Dewangan, son of Kavah-am Dewangan, aged about 29 years, residence of Dewangan Hotel, Rain agar Mukhd Dham, Supela, Police Station Supela, Tahsil and District Durg, Chhattisgarh. versus Respondent: (Applicant): ]»0 ^ ^.^ '>'.€^ 'yy <^.---".^ ^:\°--~ p<<^nn}^1. Smt.Hemlata, wife 'ofVikas Dewangan, aged about 25 years, residence of D-72 Yadunandan Nagar, Ttfra, District Bilaspur, Police Station Civil Line Bilaspur, Tahsil and District Bilaspur, Chhattisgarh. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA Writ Petition (227) No. 3077/2010 ^lUl-i.S. NDET Appearance: Shri Om P. Sahu, counsel for the petitioner. Shri Hemant Gupta, counsel for the respondent. WRIT PETITION UNDER ARTICLE 227 OF THE (13.12.2010) Petitioaer has called in question the order passed by the Family Court allowing interim maintenance to the respondenVwife @ Rs.3000/- per month. (2) Learned counsel for the petitioner would submit that the petitioner is working as agent in the Sahara India Company and his income is not such that he is in a position to pay Rs.3000/- per month to tlie res (3) H.e would also submit that fhe respondent was worldng as lecturer in the Rungta College, Bhilai and has deliberately left the job so as to seek interim maintenance. It is also submitted that she has executed an agreement admitting her mistake while residinj -. marital home and thus she is not entitled for anv interim maintenance. -z (4) Leamed counsel for the respondent would submit that the petitioner is receiving handsome salary and allowances from his job in the Sahara India and has flius sufGcient income and funds to grant maintenance @ Rs.3000/- per month. (5) The respondent has filed certificate issued by the Rungta Colleee to the effect that she had worked as Lecturer from 30 November, 2007 to 14 August 2009. There is no document controverting this cei-tificate. Thus, it is found that respondent is not employed. From Annexure R-2 it also appears that at present the respondent is pursuing her studies with Dr. C.V. Raman University for M. Phil course. In the visitmg card of the petitioaer fiied as Ajinexure R-3 it is mentioned that the petitioner is engaged in the job with one Bangda A^sociates, Channel Partner of Yash Group of Companies aiid is worldng as Insurance Hub (Liie and General), Deposits (Sahai-a, Post OfE.ce, Bank), Mutual Funds, Loaii (Home, Personal, Auto) acd Real Estate. Wliea it was pointed out by tfie respondent that the petitioner has his own PAN Number, this court required the petitioner to file proof regarding his income. Pefitiorier lias filed Annexure P-7 which is copy of form No.l6-A issued by Sahara India Commercial Coi-poration Ltd., Lucknow, however the said camiot be treated as any proof regarding his income as neither ' copy of the income tax retum nor any other document showing his 'vearly income has been submitted. Petitioner has also'submitted his 3 affidavit dated 28/10/2010, however tfae affidavit is also conspicuously silent about his montlily or yearly income. In the application filed by tihe respondent for grant of interim inaintenance, it is mentioned in paragraph 4 thereofthat the petitioner is engaged as Insurance A-.gent and has 4-5 workers operating under him. It is further mentioned that he moves in Skoda Frabia Car and Maruti 800 and earns Rs. 1 lakhs per month from the said business. (7) Thus, in view of the petitioner's silence about his moritly income, this court is not inclined to interfere with the order passed by leamed Family Court granting interim maintenance @ Rs. 3000/- per (8) No case for interference in this petition under article 227 ofthe Constitutition oflndia is made out, it fails and is herebv dismissed. Sd//- Prashant Kumar Mishra Judge \!-