IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2037 of 2009 (M/S) Sh. Subhash Mata, son of Sh. Ganesh Dass Mata, resident of M- 189, Raghuvir Nagar, near Rajouri Garden, Gaon Wala Chowk, Thana Area, Rajouri Garden, Delhi. …… Petitioner. Versus Smt. Sarika, wife of Shri Subhash Mata, daughter of Sh. Som Datt Narang, resident of 18 Malviya Marg, Rishikesh, District Dehradun. … Respondent. Mr. Neeraj Garg, Advocate, learned counsel for the petitioner. Date December 02, 2009. Hon’ble B.S.Verma, J. Heard learned counsel for the petitioner and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 25-11- 2009 passed by Additional District Judge/Judge, Family Court, Rishikesh, in Misc. Case No. 4 of 2009, Smt. Sarika Vs. Subhash Mata, whereby the learned trial court has allowed the application of the respondent under Section 24 of the Hindu Marriage Act and directed the petitioner to pay an amount of Rs. 20,000/- towards the expenses of the suit including advocate’s fee etc. Briefly stated the facts giving rise to this writ petition are that the respondent filed petition under Section 13, 25 and 27 of the Hindu Marriage Act against the petitioner, bearing Original Suit No. 42 of 2008, Sarika Vs. Subhash Mata, which is pending for disposal in the court of Additional Judge, Family Court, Rishikesh. Thereafter, the respondent filed an application under Section 24 of the Hindu Marriage Act, which was registered as Application No. 4 of 2009 for grant of Rs. 32,000/- towards expenses of the suit etc. and Rs. 25,000/- per month as maintenance to maintain herself and her son. The petitioner filed objection against the application moved by the respondent under Section 24 of the Hindu Marriage Act. According to the petitioner, the respondent has her own income and she 2 is having degree in naturopathy and yogic science as well as she is attached to various clinics and hospital at Rishikesh and neighbouring towns for imparting courses in naturopathy, Reiki, Yoga and Meditation to the clients and patients on assignment basis. The respondent has a monthly income of more than Rs. 50,000/-. According to the respondent, her husband-petitioner is having an electric decoration shop No. A-16 and A-17 in the name and style of “Mata Light and Sound” in Vishal Market, Tagore Garden, Delhi and he is doing the electric decoration business and is earning about Rs. 25,000 to 30,000/- per month. The respondent has engaged advocate Sri A.K.Jain to conduct the case. It was mentioned in the application that the respondent has to maintain herself and her son. Hence prayer has been made in the application for grant of Rs. 32000/- towards litigation expenses and a maintenance of Rs. 25,000/- per month. Affidavit has been filed in support of his objection by the petitioner, but there is no specific averment regarding the business that the petitioner is not doing the business of Mata Light and Sound and deliberately he did not disclose his income in the affidavit. The learned trial court after considering the affidavits filed by the parties on record awarded a sum of Rs. 20,000/- in favour of the respondent towards litigation expenses. It has been held in the order dated 25-11-2009 that the petitioner-husband has not adduced any evidence that the respondent is earning Rs. 50,000/- per month. The amount of litigation expenses i.e. Rs. 20,000/- is reasonable and fair. In the above facts and circumstances, I am of the view that the impugned order passed by the learned Additional Judge, Family Court, Rishikesh does not call for any interference by this Court in this writ petition. The writ petition being devoid of merit is liable to be dismissed outright at the admission stage. The writ petition is dismissed in limine. ( B.S.Verma, J. ) RCP 3 4