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Judgments of Supreme Court of India and High Courts

Smt. Barkha Gupta vs Rahul Gupta on 9 July, 2018

1
THE HIGH COURT OF MADHYA PRADESH
F.A. No. 600/2018
Smt. Barkha Gupta Vs. Rahul Gupta

Gwalior, 09/07/2018
Shri Rishi Kumar Katare, learned counsel for

the appellant.

Shri Prashant Sharma, learned counsel for the

respondent.

Heard on I.A. No. 1410/2018, an application

under Section 24 of the Hindu Marriage Act, 1955

for grant of maintenance pendente lite.

After considering the rival submissions and

perusing the cogent material documents on record

wherefrom it is gathered that besides the fact that

the appellant has no independent source of income

and that the daughter, presently aged over 10

years, is being nurtured by the appellant, this Court

is of the opinion that the appellant is entitled for

maintenance during pendency of the appeal and for

legal expenses.

As for the quantum though the respondent

submit that he earns only Rs. 8,000/- per month;

whereas the contention on behalf of the appellant is

that the respondent earns Rs. 30,000/- per month.
2

THE HIGH COURT OF MADHYA PRADESH
F.A. No. 600/2018
Smt. Barkha Gupta Vs. Rahul Gupta

However, neither of the party has brought on record

any material to believe either of them. But, taking

into consideration that the respondent is well

educated and urbanized, it is presumed that he

must earning about Rs. 25,000/- per month.

In view whereof, it is directed that the

respondent shall on or before 10 th day of Gregorian

month (English month) pay to the appellant by

account payee cheque of Rs. 7,000/- per month and

Rs. 3,000/- as lump sum towards legal expenses. In

case of non-payment within 15 days and thereafter

from month to month, the same would tantamount

to contempt and the appellant would be at liberty to

initiate the contempt proceedings.

I.A. No. 1410/2018 is disposed of finally in

above terms. No costs.

(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
shubh*
Digitally signed by
SHUBHANKAR MISHRA
Date: 2018.07.10
18:02:15 +05’30’

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