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2020 DIGILAW 331 (UTT)

Sunita v. Ravi Kumar

2020-09-04

ALOK KUMAR VERMA, SUDHANSHU DHULIA

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JUDGMENT 1. This case has been heard through video conferencing. 2. In a matrimonial suit for dissolution of marriage filed by the husband/respondent which is pending before the Family Court, Dehradun, an ad-interim application for maintenance under Section 24 of the Hindu Marriage Act, 1955 of the wife/appellant was filed by the wife/appellant, in which only the litigation expenses of Rs.20,000/- (Rupees Twenty Thousand Only) have been given to the wife/appellant by the Additional Judge, Family Court, Dehradun vide order dated 02.07.2019. Aggrieved, the appellant has filed the present Appeal from Order before this Court. 3. After hearing the learned counsel for the appellant Ms. Divya Jain as well as the learned counsel for the respondent Mr. Devang Dobhal, and having considered the factual aspect of the matter where it is stated that the husband/respondent has a jewellery shop at Ballupur, Dehradun, and the wife/appellant not only has to maintain herself but her two children as well. Although the learned counsel for the respondent Mr. Devang Dobhal states that the appellant/wife is residing in an accommodation given by the respondent/husband and she has let out two rooms on rent, from which she is getting a monthly amount of Rs.12,000/- (Rupees Twelve Thousand Only), and the wife/appellant is also having a readymade garment shop. 4. All the same, these facts have yet to be determined by the court concerned. Let the court concerned determine all these facts and then reconsider whether a maintenance has to be given to the appellant/wife or not. Let a decision be taken within a period of one month from the date of production of a certified copy of this order. 5. In view of the above, the appeal stands disposed.