Smt. Girja Devi vs Hansraj Yadav
2014 Latest Caselaw 7099 ALL

Citation : 2014 Latest Caselaw 7099 ALL
Judgement Date : 25 September, 2014

Allahabad High Court

Smt. Girja Devi vs Hansraj Yadav on 25 September, 2014

Bench: Rajes Kumar, Om Prakash-Vii




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL No. - 31 of 2012
 

 
Appellant :- Smt. Girja Devi
 
Respondent :- Hansraj Yadav
 
Counsel for Appellant :- M.M. Sahai,Amit Manohar
 
Counsel for Respondent :- Akhilesh Srivastava
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Om Prakash-VII,J.

Both the parties appeared in person along with their counsel. Both the parties married on 26.5.1998. Out of their wedlock, two children were born. Elder one is the daughter, aged about 14 years, and younger is the boy, aged about 10 years. It appears that strained relationship developed between them in the year 2004 and since 2006 both are living separately. The daughter is with the husband and the son is with the appellant. The respondent submitted that an effort being made by him to live with the appellant-wife, but she was not willing to live with him and therefore, he was compelled to file a suit for divorce in the year 2006, which was decreed. After the decision of the Family Court, he got married on 17.6.2012 and out of new wedlock, there is a son, aged about one and half years, and in this circumstances, it is difficult for him to live with the appellant. The appellant submitted that, at the moment, she is getting a sum of Rs.4,500/- towards maintenance for herself and for her son, which is insufficient to meet the expenses and to secure the future of her son.

It is informed that the appellant is the Junior Engineer in Irrigation Department and his salary is about Rs.40,000/- per month. The respondent submitted that carry home salary is Rs.30,000/-.

In the circumstances, we direct the respondent to pay a sum of Rs.10,000/- per month towards maintenance to the appellant. Out of the aforesaid amount, a fixed deposit of Rs.5,000/- be prepared in the name of Vinit Vedanti for a period of three years and Rs.5000/- shall be paid by way of draft or cash to the appellant by 7th of every month. Any amount, which is being paid, shall be adjusted.

List on 15.12.2014.

Order Date :- 25.9.2014