Prem Singh vs Smt. Ajaypali
2014 Latest Caselaw 5325 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 45425 of 2014
 

 
Petitioner :- Prem Singh
 
Respondent :- Smt. Ajaypali
 
Counsel for Petitioner :- Anurag Upadhyaya
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition the petitioner has challenged the order under Section 24 of the Hindu Marriage Act by which maintenance has been awarded as Rs. 5000/- for expenses and Rs.2000/- per month  for the wife and Rs. 1000/- per month for the child.

The claim of the petitioner is that he is a labour and does not have mean to pay such a large amount. It is further submitted that the maintenance has been awarded from the date of filing of the application under Section 24 of the Act and, therefore,  the total amount  would swell to a great extent making it impossible to pay the maintenance allowance. 

Learned counsel for the petitioner submits that the petitioner may be permitted to pay the amount from the date of the order. It is also submitted that there is no evidence filed by the applicant with regard to the income of the petitioner.

The matter requires consideration.

Issue notice to the respondent returnable at an early date.

Learned counsel for the petitioner will take steps for service of notice upon the respondent within a week.

List after service of notice.

Till the next date of listing, the amount of arrears shall not be recovered from the petitioner. However, the  petitioner is directed to pay the awarded amount from the date of the order of the revisional court dated 13.5.2014 and shall continue to pay  the maintenance per month as directed by the court below. 

Order Date :- 28.8.2014

SKM