Ravi Shankar Yadav vs Smt. Leelawati Devi
2014 Latest Caselaw 6519 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL No. - 614 of 2008
 

 
Appellant :- Ravi Shankar Yadav
 
Respondent :- Smt. Leelawati Devi
 
Counsel for Appellant :- Rajesh Kumar Singh
 
Counsel for Respondent :- A.K. Dwivedi,P.S.Yadav,Rajesh Kumar,Satyam Singh,Shiv Nath Singh
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Om Prakash-VII,J.

Rejoinder affidavit filed today, the same may be placed on record.

Smt. Leelawati Devi-respondent appeared in person along with her counsel. The appellant did not appear.

Learned counsel for the appellant submitted that due to some unavoidable reason, the appellant could not come to Allahabad. At present, Rs.3,000/- has been fixed towards maintenance. The grievance of the respondent is that despite the Court's order, the appellant is not paying the maintenance regularly and she is in a starvation stage. However, it is admitted that in view of the order passed by this Court, she has been provided an ancestral house, to live  which is in the name of the father of the appellant. It is claimed that Rs.3,000/- is insufficient. She needs a reasonable amount, out of which she can arrange her fooding as well as her medical requirements for which it is claimed that at least a sum of Rs.5,000/- may be paid to her.

After considering the submission, we are of the view that the appellant should come forward with a proposal to make a fixed deposit at least of the amount, out of which a sum of Rs.5,000/- interest may be provided to her. She further submitted that the appellant is deliberately not permitting her two sons to come to Allahabad and to meet her.

On the facts and circumstances, we direct the appellant to pay the entire outstanding dues towards maintenance within a period of one month failing which necessary action shall be taken against him. We further direct the appellant to pay a sum of Rs.5,000/- per month towards maintenance, which shall be paid by 7th of each month. We also direct the appellant to pay a sum of Rs.5,000/- towards cost for the inconvenience caused to her for coming to Allahabad. We made it clear that she may be allowed to live in a house where she is living and nobody is allowed to put any kind of hindrance.

List on 27.10.2014 as part heard. On that day, the parties are directed to appear in person. The appellant is directed to bring both the sons on the said date.

Order Date :- 16.9.2014

OP