$~4 & 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 07^th August 2023 + MAT.APP.(F.C.) 201/2023 & CM APPLs. 35230/2023, 35231/2023, 35232/2023 MOHIT MITTAL ..... Appellant Through: Mr. J.K. Bhola, Advocate with appellant in person.

versus KANIKA JAIN ..... Respondent Through: Mr. Yakesh Anand & Mr.

Akshay Thakur, Advocates.

5 + MAT.APP.(F.C.) 202/2023 & CM APPLs. 35233/2023, 35234/2023, 35235/2023 MOHIT MITTAL ..... Appellant Through: Mr. J.K. Bhola, Advocate with appellant in person.

versus KANIKA JAIN ..... Respondent Through: Mr. Yakesh Anand & Mr.

Akshay Thakur, Advocates.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)

1. The present Appeals under Section 19 of the Family Courts Act has been filed on behalf of the appellant/husband against the impugned Order dated 19.04.2023 vide which the two Applications under Section 24 of the Hindu Marriage Act, 1955 in HMA No. 1496/2018 and HMA No. 843/2018 claiming maintenance in the sum of Rs. 88,000/- per month or one-time Signature Not Verified DigitallySigned By:SAHIL MAT.APP.(F.C.) 201/2023 & MAT.APP.(F.C.) 202/2023 Page 1 of 7 expense of Rs. 4-5 lakhs as maintenance and litigation costs respectively on the ground that due to multiple litigations initiated by the respondent/wife against him, were dismissed.

2. The appellant/husband was married to the respondent/wife on

27.04.2016 as per the Hindu rites and ceremonies.

3. Allegedly, the respondent/wife deserted the appellant/husband on

02.07.2016 i.e., after about two months of marriage.

4. The appellant/husband filed the petition bearing HMA No. 1496/2018 under Section 12(1)(c) read with Section 13(1) (i-a) of the Hindu Marriage Act, 1955 for divorce and the respondent/wife also filed petition bearing HMA No. 843/2022 under Section 13(1) (ia) read with Section 13(1)(ib) of the Hindu Marriage Act, 1955 for grant of divorce; both the petitions are pending trial.

5. During the pendency of the aforesaid two divorce petitions, the appellant sought maintenance in one case and litigation costs in the other HMA petition under Section 24 of the Hindu Marriage Act, 1955 from the respondent/wife.

6. Vide common Order dated 19.04.2023, the learned Principal Judge dismissed both the Applications under Section 24 of the Hindu Marriage Act, 1955 of the appellant/husband. Aggrieved, the present Appeals have been preferred by the appellant/husband.

7. The appellant/husband has asserted that till July, 2017, he was working with M/s. Fidelity Information Service (FIS) as IT Architect and he thereafter joined as Senior Architect with M/s. Sirion Labs. It is claimed by the appellant that due to multifarious litigations against him, he lost his job and thereafter, it became very difficult to get a new job for him, despite Signature Not Verified DigitallySigned By:SAHIL MAT.APP.(F.C.) 201/2023 & MAT.APP.(F.C.) 202/2023 Page 2 of 7 making all efforts. The appellant/husband using his contacts in United States of America (USA) to start a Recruitment Outsourcing Process Business in September, 2018, but the same also ended in a fiasco due to a false FIR No. 311/2017 filed by the respondent/wife in which the appellant/husband even remained in judicial custody.

8. The appellant/husband considered to start a new career in the field of law and thus, got himself admitted in Campus Law Centre, Delhi University in July, 2019 and upon completion, he enrolled himself as an Advocate in the year 2022. During that period of pursuing LLB, he had no source of income and was solely dependent on his parents. He thus, claimed maintenance in the sum of Rs. 88,000/- per month in HMA No. 843/2022 and litigation expenses in the sum of Rs. 3,00,000/- in HMA No. 1496/2018. 9. The respondent/wife has refuted the claim of maintenance/litigation expense in her reply/response and claimed that the Applications under Section 24 of the Hindu Marriage Act, 1955 are counter-blast of the petition under Section 12 of Protection