SHWETA GUPTA Vs. RAHUL GUPTA

JUDGEMENT

(1.) Challenge in this appeal is order dtd. 17/11/2017 passed in Misc. Case No.216 of 2916, Smt. Shweta Gupta vs. Shri Rahul Gupta (for short the 'Case') by the court of learned Additional Judge, Family Court Dehradun. By the impugned order an application under Sec. 24 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the appellant has been rejected. But the respondent has been directed to pay Rs.5000.00 to the appellant as expenses of the proceedings.

(2.) Facts, necessary to resolve the controversy, briefly stated are that the respondent filed an application under Sec. 9 of the Act against the appellant. During pendency of the application, an application under Sec. 24 of the Act was filed by the appellant seeking Rs.50,000.00 per month as maintenance and Rs.2,00,000.00 against expenses of the proceedings. This application was objected to by the respondent. As stated, by the impugned order the application under Sec. 24 of the Act was partly allowed. Maintenance pendente lite has been refused but Rs.5,000.00 against the expenses of the proceedings have been awarded.

(3.) According to the appellant she has no income of her own; she cannot maintain herself; respondent is a rich person, who has shops situated in Dehradun; respondent has two huge houses and other shops as well; he earns not less than Rs.1,50,000.00per month whereas the appellant is dependent on her parents. According to the objections of the respondent, the appellant is staying away from the respondent without any reasonable cause; she is able to maintain herself; respondent has a small shop from which he could earn Rs.4,000.00 per month; he is ready to keep the appellant with him.