Dheeraj Gupta v. Pooja Gupta

$~3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ DHEERAJ GUPTA ..... Appellant Represented by:

Mr.Anurag Dubey, Advocate with Mr.Diwakar Suman, Advocate versus POOJA GUPTA ..... Respondent Represented by:

None

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 03.01.2017 CM No.17/2017 Allowed subject to just exceptions.

CM No.28/2017 For the reasons stated in the application 81 days delay in filing the appeal is condoned.

Application is allowed.

1.

Impugned order reveals that the appellant did not file a reply to respondent's application under Section 24 of the Hindu Marriage Act, 1955. The appellant also failed to comply with the orders requiring affidavit to be filed disclosing appellant's income, income-tax returns, bank accounts and other moveable and immoveable assets.

2.

As per the impugned order the appellant along with his parents have a franchise of 'Make My Trip' and earns `80,000/- (Rupees Eighty Thousand only) per month. On said basis appellant's share in the income has been assessed as `26,000/- (Rupees Twenty Six Thousand only) per month. Appellant's father draws pension in sum of `25,000/- (Rupees Twenty Five Thousand only) per month. The appellant and his parents stay together. 3.

Noting the qualifications of the respondent and the fact that she was preparing for C.TET, an essential qualification for a Government job and therefore not earning any income, `10,000/- (Rupees Ten Thousand only) per month has been awarded as maintenance to the wife who is also maintaining two children.

4.

As the order stands, we find no infirmity therein. 5.

However, appellant seeks leave to withdraw the appeal for the reason appellant wants to move an application before the learned Judge, Family Court seeking to place on record reasons why reply could not be filed to the respondent's application under Section 24 of the Hindu Marriage Act, 1955. The appellant also desires to place on record his income and certain subsequent events which are pleaded in the appeal. 6.

Needless to state any application filed by the appellant shall be decided by the learned Judge Family Court as per law. 7.

The appeal is dismissed as withdrawn.

8.

No costs.

CM No.24/2017 Dismissed as infructuous.

PRADEEP NANDRAJOG, J YOGESH KHANNA, J JANUARY 03, 2017 skb