JUDGMENT :

K.M. Thaker, J.

1. Heard learned counsel Mr. Satyen B. Rawal for the applicant and learned counsel Mr. Vijay Nangesh for respondent.

2. Rule returnable forthwith. Learned advocate Mr. Vijay Nangesh has waived service of notice of rule.

3. In this application, applicant has inter alia prayed that;

"21(a). Be pleased to allow this application for maintenance pendente lite u/s. 24 by directing the respondent/appellant to pay a sum of Rs. 25,000/- per month from the date of filing of the appeal till the final decision of the main First Appeal No. 563/2018.

(b) Be pleased to pass the further order for the cost of litigation as well as travelling expenses to enable the applicant to effectively defend the main appeal."

4. The present applicant is respondent in First Appeal No. 563 of 2018, which is filed by present opponent (husband).

4.1. The Appeal has arisen out of the judgment dated 27.10.2017 passed by the learned Family Court in Family Suit No. 9 of 2016 (old No. 30 of 2012), which was filed by present opponent (husband) u/s. 13(1)(A) and Section 13(1)(1-B) seeking divorce.

4.2. The trial court has by the said judgment dismissed the application.

4.3. Aggrieved by the said judgment present opponent (husband - original plaintiff) has filed First Appeal No. 563 of 2018.

4.4. The said appeal came to be admitted vide order dated 26.02.2018.

4.5. Learned counsel for the appellant has declared that appellant does not press the Civil Application for interim relief.

5. Now the respondent in the appeal (wife) and original opponent before the trial Court has taken out present application seeking above quoted reliefs.

6. So as to support the relief, the applicant has averred and stated in paras 2 to 15 of the application as under;

(2) That in the aforesaid proceedings of HMP No. 30/2012 the applicant had moved an application u/S. 24 of the Hindu Marriage Act vide Ex. 8 and respondent had filed his reply to it and ultimately the trial Court passed an order of maintenance dated 20th October, 2012 which operated till the final outcome of the said HMP.

(3) That at the outset if it respectfully submitted that the applicant belongs to a poor family and has studied upto 4th Standard only and therefore, she can barely read whereas the respondent is a double graduate holding degree of B.A. and B.Ed. That in view such educational degree, respondent has set up a Swastic School at Surendranagar and in a very short span, the said school has expanded into an prominent educational hub which is run by a family trust of the respondent and his other family members and kith and kins of the appellant herein.

(4) That it is very relevant to respectfully point out that till the trial Court passed the order u/S. 24 of Hindu Marriage Act, the respondent has been the Chairman and the Managing Director of Swastic School and the said school is running with huge success and as a consequence thereof the appellant has reached an elite status in terms of financial income as well as social position.

(5) That it is respectfully submitted that around 1200 to 1300 students are studying in the said Swastic School which charges highest fees compared to other schools in Surendranagar and for the elite class student there are specially designed a/c class - rooms in the said Swastic School.

(6) That there is ample evidence to support the fact of respondent being in charge of the Swastic School but he has deliberately suppressed and concealed such documents and evidence regarding his position in Swastic, his status and life style and most vitally the huge income of 25 lakhs to 30 lakhs per annum as a founder, Chairman and Managing Director of Swastic School just to frustrate the rightful and legal claim of the applicant/wife. That in view of the totality of the facts and circumstances set out in this application, the applicant most respectfully prays Your Lordships to draw adverse inference against the appellant/husband regarding all such aspects as pointed hereinabove.

(7) That it is f