HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL No. - 140 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard. 2. This appeal has been filed within time, challenging the order dated 17.07.2025 passed by the Additional Principal Judge, Court No. 1, District Lakhimpur Kheri in Suit No. 0207 of 2023 (Akash Awasthi Vs. Priya Shukla) filed by the appellant under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. 3. It is the case of the appellant that he is only a labourer having a Shram Card copy of which has been filed as an annexure to the application for interim relief whereas the respondent is a well-educated lady having M.A. Degree in Economics from C.S.M.U. University and is running a coaching centre in her name called Priya Coaching Centre where she charges Rs. 500/- per month per student. A copy of the hand-bill circulated by the respondent for advertisement has been filed as Annexure No. 9 to the appeal. The appellant has also filed coloured photographs taken from social media handle of the respondent running a beauty parlour. 4. It has been submitted that a false affidavit has been filed by the respondent in compliance of judgment rendered by the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha reported in (2021) 2 SCC 324. A copy of the affidavit filed by the respondent has been annexed to the appeal which shows her to be only B.A. pass and instead of mentioning Versus Counsel for Appellant(s) : Ravindra Bajpai, Adarsh Mehrotra Counsel for Respondent(s) : Akash Awasthi .....Appellant(s) Priya Shukla .....Respondent(s) her own income, she has mentioned the income allegedly of the appellant to be Rs. 40,000/- per month. It has been submitted that the petitioner is only a labourer and cannot afford the payment of litigation expenses as directed by the Trial Court in its impugned order dated 17.07.2025. 6. We have gone through the impugned order dated 17.07.2025 and have found that only Rs.3000/- per month has been given as maintenance pendente lite and Rs.2000/- has been given as litigation expenses. In case the appellant is indeed a labourer, having a Shram Card, he may be earning minimum of nearly Rs.400/- per day, he can afford to pay Rs.100/ per day to his wife, which is only 1/3 of his income for a day and amounts to Rs.3000/- per month. 7. Therefore, we find no good ground for interference in the impugned order dated 17.07.2025 passed by the Additional Judge, Court No. 1, District Lakhimpur Kheri in Suit No. 0207 of 2023 (Akash Awasthi Vs. Priya). Accordingly, the appeal is dismissed. 8. However, it is open for the appellant to file an appropriate application before the Trial Court in case he believes that the affidavit filed by the respondent is false. November 28, 2025 (Manoj K.) FAPL No. 140 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench