ASHISH GUPTA Vs. NALINI GUPTA

JUDGEMENT

(1.) PRESENT petition has been filed under Article 227 of constitution of India challenging order dated 27th March, 2008 passed by learned ADJ whereby respondent's application under section 24 of Hindu Marriage Act, 1955 (hereinafter referred to as "hm Act") was disposed of by directing petitioner/husband to pay a sum of Rs. 40,000/- per month as maintenance to respondent/wife and Rs. 25,000/- towards litigation expenses. The relevant reasoning in the impugned order dated 27th March, 2008 is reproduced hereinbelow for ready reference :-

(2.) MR. Rajat Aneja, learned Counsel for petitioner submits that impugned order dated 27th March, 2008 has been passed without taking into consideration petitioner's affidavit as well as income tax return filed by him since 2002 onwards. Mr. Aneja further contends that properties which are mentioned in application under Section 24 of HM Act are not owned by petitioner/husband but are ancestral properties of petitioner's family and he has a minimum share in the same. He further states that total assets of petitioner are worth less than Rs. 22 lacs, out of which a major part is his house situated at 1, Savitri Nagar in which he lives and he only owns a 1997 model Maruti Esteem. He lastly states that petitioner is an advocate, practicing in Patiala House Courts, New delhi but has a very limited practice as he primarily attends to litigation initiated by respondent/wife.

(3.) MR. Y. P. Bhasin, learned Counsel for respondent/wife on the other hand alleges that petitioner and his family members have properties and assets to the tune of more than Rs. 100 crores. The details of petitioner's assets, according to respondent, are as under :-